Common use of Lost Certificates Clause in Contracts

Lost Certificates. If any Certificate shall have been 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 and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration pursuant to this Agreement.

Lost Certificates. If any Certificate shall have been 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 and, if required by the Surviving Corporation, the posting by such person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 3.01(a).

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 Corporation, the posting by such person Person of a bond in such reasonable and customary amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementARTICLE 3.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Agreement.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration pursuant to this Agreement.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon (i) the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen or destroyed anddestroyed, and (ii) if required by the Surviving CorporationCompany, the posting by such person of a an indemnity bond in such reasonable amount as form and substance and with surety reasonably satisfactory to the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such CertificateCompany, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 2.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon (i) the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen or destroyed and, and (ii) if required by the Surviving Corporation, the posting by such person of a an indemnity bond in such reasonable amount as form and substance and with surety reasonably satisfactory to the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such CertificateCorporation, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 2.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person holder claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay and issue the Merger Consideration in exchange for respect of each share of Company Common Stock represented by such lost, stolen or destroyed Certificate the Merger Consideration pursuant to this AgreementCertificate.

Lost Certificates. If any Certificate shall have been 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 and, if required by the Surviving CorporationSeller, the posting by such person of a bond in such reasonable amount as the Surviving Corporation Seller may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration pursuant to this Agreement.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay will issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration pursuant to be paid in respect of the Company Share represented by such Certificate, as contemplated by this AgreementSection 3.11.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Buyer or the Surviving CorporationPaying Agent, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation Buyer may direct as indemnity against any claim that may be made against it them with respect to such Certificate, the Paying Agent shall Buyer will pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration amounts to which the holders thereof are entitled pursuant to this AgreementSection 1.5.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon (i) the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen or destroyed anddestroyed, and (ii) if required by the Surviving CorporationCompany, the posting receipt by such person it of a an indemnity bond in such reasonable amount as form and substance and with surety reasonably satisfactory to the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such CertificateCompany, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 2.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon (i) the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen or destroyed anddestroyed, and (ii) if reasonably required by the Surviving CorporationCompany, the posting by such person of a an indemnity bond reasonable in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificateamount, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 3.01(a).

Lost Certificates. If any Certificate shall have has been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration pursuant Price Per Share due to such Person as provided in Section 1.13(a) of this Agreement.

Lost Certificates. If any Certificate shall have been 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 and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity or otherwise indemnify the Surviving Corporation in a manner satisfactory to it against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in exchange for such lost, stolen stolen, or destroyed Certificate the Merger Consideration pursuant to this Agreement.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Agreement.Article I.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration deliverable in respect thereof pursuant to this Agreement.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon (i) the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen or destroyed and, and (ii) if required by the Surviving CorporationCompany, the posting by such person of a an indemnity bond in such reasonable amount as form and substance and with surety reasonably satisfactory to the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such CertificateCompany, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 2.01(a).

Lost Certificates. If any Certificate shall have been 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 and, if required by the Surviving Corporation, the posting by such person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall will pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 2.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Parent or the Surviving CorporationExchange Agent, the posting by such person Person of a bond bond, in such reasonable amount as Parent or the Surviving Corporation Exchange Agent may direct as indemnity against any claim that may be made against it Parent, the Surviving Corporation or the Exchange Agent with respect to such Certificate, the Paying Agent shall Parent will pay or cause to be paid in exchange for such lost, stolen or destroyed Certificate the Merger Consideration consideration to which the holder thereof is entitled pursuant to this AgreementSection 1.5.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 CorporationInergy, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation Inergy may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay in exchange for such lost, stolen or destroyed Certificate the Merger Holdings Unitholder Consideration payable in respect of the Common Units represented by such Certificate and any distributions to which the holders thereof are entitled pursuant to this AgreementSection 3.3.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 CorporationCEQP, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation CEQP may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration payable in respect of the Midstream Units represented by such Certificate and any distributions to which the holders thereof are entitled pursuant to this AgreementSection 3.2.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such the Certificate to be lost, stolen or destroyed and, if required by Parent or the Surviving Corporation, the posting by such person that Person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration pursuant to be paid in respect of the Shares represented by such Certificates as contemplated by this Agreement.Article 1A.

Lost Certificates. If any Certificate shall have been 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 and, if required by Parent or the Surviving CorporationPaying Agent, the posting by such person of a bond bond, in such reasonable amount as Parent or the Surviving Corporation Paying Agent may direct as indemnity against any claim that may be made against it them with respect to such Certificate, the Paying Agent shall will pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration amount of cash to which the holders thereof are entitled pursuant to this AgreementSection 1.5.

Lost Certificates. If In the event that any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond in such reasonable amount as the Surviving Corporation may direct require as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay will issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration Per Common Share Amount payable pursuant to this AgreementSection 2.

Lost Certificates. If any Certificate shall have been 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 and, if required by the Surviving CorporationCompany, the posting by such person of a bond bond, in such reasonable amount as the Surviving Corporation Company may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 2.01(a).

Lost Certificates. If any Certificate shall have been 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 and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any successful claim that may be made against it with respect to such Certificate, the Paying Agent shall pay Surviving Corporation will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which such holder would be entitled pursuant to this AgreementARTICLE II.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon (i) the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen or destroyed and, (ii) if required by the Surviving Corporation, the posting by such person of a an indemnity bond in such reasonable amount as form and substance and with surety reasonably satisfactory to the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such CertificateCorporation, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 2.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 CorporationCorporation or the Paying Agent, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it them with respect to such Certificate, the Paying Agent shall Surviving Corporation will pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration amounts to which the holders thereof are entitled pursuant to this AgreementSection 2.1.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 CorporationBuyer, the posting by such person Person of an indemnity agreement or a bond bond, in such reasonable amount as the Surviving Corporation may direct a customary amount, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay in exchange for such lost, stolen or destroyed Certificate the Applicable Merger Consideration payable in respect of the MLP Units represented by such Certificate and any distributions to which the Holders thereof are entitled pursuant to this AgreementSection 3.4(b) or (c).

Lost Certificates. If any Certificate shall have been 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 and, if required by the Surviving Corporation, the posting by such person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall will pay the Merger Consideration to which the holder thereof is entitled pursuant to this Article I in exchange for such lost, stolen or destroyed Certificate the Merger Consideration pursuant to this AgreementCertificate.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon (i) the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen or destroyed anddestroyed, and (ii) if required by the Surviving Corporation, the posting by such person of a an indemnity bond in such reasonable amount as form and substance and with surety reasonably satisfactory to the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such CertificateCorporation, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 2.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 CorporationCompany, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation Company may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall issue or pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration issuable or payable in respect of the Common Units represented by such Certificate and any distributions to which the holders thereof are entitled pursuant to this AgreementSection 3.2.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 CorporationVNR, the posting by such person Person of an indemnity agreement or a bond bond, in such reasonable amount as the Surviving Corporation may direct a customary amount, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration payable in respect of ENP Common Units represented by such Certificate and any distributions to which the holders thereof are entitled pursuant to this AgreementSection 3.3(b) or (c).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration Consider ation to which the holder thereof is entitled pursuant to this AgreementArticle II.

Lost Certificates. If any Certificate shall have has been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay issue in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Transaction Consideration pursuant due to this Agreementsuch Person as provided in Section 3.02(b).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration pursuant to this Agreementdeliverable in respect thereof as determined in accordance with Section 3.1(c).

Lost Certificates. If any Certificate shall have been 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 and, if required by Acquiror or the Surviving CorporationPaying Agent, the posting by such person of a bond bond, in such reasonable amount as Acquiror or the Surviving Corporation Paying Agent may direct as indemnity against any claim that may be made against it them with respect to such Certificate, the Paying Agent shall will pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration amount of cash to which the holders thereof are entitled pursuant to this AgreementSection 1.5.

Lost Certificates. If any Certificate shall have been 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 and, if required by the Surviving Corporation, the posting by such person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 2.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit (and if the Surviving Corporation shall request, the posting of a bond in form and substance reasonably satisfactory to the Surviving Corporation) of that fact by the person Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificatedestroyed, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the applicable amount of Merger Consideration pursuant to (as determined in accordance with, and subject to, the terms this AgreementArticle III).

Lost Certificates. If any Certificate shall have has been lost, stolen or destroyed, 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 Parent or the Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent or the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay issue in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration pursuant Price due to this Agreementsuch Person as provided in Section 2.03(b).

Lost Certificates. If any Certificate shall have been lost, stolen stolen, or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen stolen, or destroyed destroyed, and, if reasonably required by the Surviving Corporation, the posting by such person of a bond bond, in such reasonable and customary amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in exchange for respect of such lost, stolen stolen, or destroyed Certificate Certificate, the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 2.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation or the Paying Agent may direct direct, as indemnity against any claim that may be made against it the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 2.01(a).

Lost Certificates. If any Certificate shall have been 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 and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it Acquiror or the Surviving Corporation with respect to such Certificate, the Paying Agent Acquiror shall pay issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration pursuant to this Agreement.

Lost Certificates. If any Certificate shall have been 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 and, if required by the Surviving CorporationVitas in its reasonable business judgment, the posting by such person execution of a bond in such reasonable amount as the Surviving Corporation may direct as an indemnity agreement against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay Vitas will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration Vitas Shares to which the holders thereof are entitled pursuant to this AgreementSection 1.6.

Lost Certificates. If any Certificate shall have been 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 and, if required by the Surviving Corporation, the posting by such person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 2.1(c).

Lost Certificates. If any Certificate certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the any person claiming such Certificate certificate to be lost, stolen or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificatecertificate, the Paying Agent shall pay will pay, in exchange for such lost, stolen or destroyed Certificate certificate, the Merger Consideration pursuant to this Agreementbe paid in respect of the Shares represented by such certificate as contemplated by Section 2.6.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 CorporationPartners, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation Partners may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration payable in respect of the Common Units or Management Units represented by such Certificate and any distributions to which the holders thereof are entitled pursuant to this AgreementSection 3.2.

Lost Certificates. If any Certificate shall have been 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 and, if required by the Surviving Corporation, the posting by such person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent Surviving Corporation shall pay issue in exchange for such lost, stolen or destroyed Certificate Certificate, the appropriate number of shares of Parent Common Stock for the applicable Merger Consideration pursuant to this Agreementpayable for such Certificate.

Lost Certificates. If any Certificate shall have been 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 and, if required by the Surviving Corporation, the posting by such person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSECTION 3.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 CorporationCorporation or the Paying Agent, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation or the Paying Agent may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration with respect to the Shares formerly represented by such Certificate to which the holder thereof is entitled pursuant to this AgreementSection 3.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent Parent shall pay pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the applicable Final Merger Consideration pursuant to this Agreementbe paid in respect of the Shares represented by such Certificate in accordance with Section 3.02.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration pursuant to this Agreement.16 #92864921v30

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 CorporationPartners, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation Partners may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration payable in respect of OILT Common Units represented by such Certificate and any distributions to which the holders thereof are entitled pursuant to this AgreementSection 3.2 and Section 3.3.

Lost Certificates. If any Certificate shall have been 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 and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to be paid with respect to such Certificate pursuant to this AgreementSection 2.01(c).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration with respect to the Shares formerly represented by such Certificate to which the holder thereof is entitled pursuant to this AgreementSection 3.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay deliver in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 3.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 CorporationPartners, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation Partners may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration payable in respect of the Holdings Common Units represented by such Certificate and any distributions to which the holders thereof are entitled pursuant to this AgreementSection 3.2.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen or destroyed anddestroyed, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration for the Company Stock represented by such Certificate to which such holder would be entitled pursuant to this AgreementArticle 3.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 CorporationCorporation or the Paying Agent, the posting by such person Person of a bond in such reasonable amount as the Surviving Corporation or the Paying Agent, as the case may be, may reasonably direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 2.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, upon the making and delivery of an affidavit of that fact by the person claiming such Table of Contents Certificate to be lost, stolen or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond bond, in such reasonable and customary amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 2.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 CorporationPartners, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation Partners may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration payable in respect of Units represented by such Certificate and any distributions to which the holders thereof are entitled pursuant to this AgreementSection 3.2.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Buyer or the Surviving CorporationPaying Agent, the posting by such person Person of a bond in such reasonable amount as Buyer or the Surviving Corporation Paying Agent may direct as indemnity against any claim that may be made against it them with respect to such Certificate, Buyer or the Paying Agent shall will pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration amounts to which the holders thereof are entitled pursuant to this AgreementSection 1.8.

Lost Certificates. If In the event that any Certificate (other than any Certificate representing Dissenting Shares) shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming registered holder of such Certificate to be lost, stolen or destroyed and, if required by Certificate in form and substance acceptable to the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay will issue in exchange for such lost, stolen or destroyed Certificate the Per Share Merger Consideration pursuant to this Agreementin respect thereof in the manner set forth in Section 3.1; provided, however, that the Surviving Corporation or the Paying Agent may require the delivery of a satisfactory indemnity.

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 Corporation, the posting by such person of a bond bond, in such reasonable customary amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementARTICLE II.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Agreement.

Lost Certificates. If any Certificate shall have been 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 and, if required by the Surviving Corporation, the posting by such person of a bond bond, in such reasonable amount and with such customary provisions as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration cash to which the holders thereof are entitled pursuant to this AgreementSection 3.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon (i) the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen or destroyed anddestroyed, and (ii) if required by the Surviving CorporationCompany, the posting by such person of a an indemnity bond in such reasonable amount as form and substance and with surety reasonably satisfactory to the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such CertificateCompany, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 3.08(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, upon the making and delivery of an affidavit of that fact by the person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond bond, in such reasonable and customary amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 2.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon (i) the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen or destroyed anddestroyed, and (ii) if required by the Surviving Corporation, the posting by such person of a an indemnity bond in such reasonable amount as form and substance and with surety reasonably satisfactory to the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such CertificateCorporation, the Paying Agent shall pay in exchange for respect of such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this AgreementSection 2.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Parent or the Surviving CorporationPaying Agent, the posting by such person Person of a bond bond, in such reasonable amount as Parent or the Surviving Corporation Paying Agent may direct as indemnity against any claim that may be made against it them with respect to such Certificate, Parent or the Paying Agent shall will pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration amounts to which the holders thereof are entitled pursuant to this AgreementSection 1.11.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit and indemnity of that fact by the person Person claiming such Certificate to be lost, stolen or destroyed and, if required by Parent or the Surviving CorporationPaying Agent, the posting by such person Person of a bond in such reasonable amount as Parent or the Surviving Corporation Paying Agent may direct determine is reasonably necessary as security for the indemnity against any claim that may be made against it or the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration pursuant to this AgreementSection 3.1(a) without any interest thereon.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent Surviving Corporation shall pay issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration pursuant to this Agreementdeliverable in respect thereof.

Lost Certificates. If any Certificate shall have been 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 and, if required by and the Surviving Corporation, the posting provision by such person of a bond in such reasonable amount as the Surviving Corporation may direct as customary indemnity against any claim that may be made against it the Company, the Surviving Corporation, SPAC or the Exchange Agent with respect to such Certificate, the Paying Exchange Agent shall pay will issue in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Aggregate Transaction Consideration that such holder is otherwise entitled to receive pursuant to this Agreementto, and in accordance with, the provisions of Section 3.01.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Parent or the Surviving CorporationExchange Agent, the posting by such person of Person or a bond bond, in such reasonable amount as Parent or the Surviving Corporation Exchange Agent may direct as indemnity against any claim that may be made against it Parent, the Surviving Corporation or the Exchange Agent with respect to such Certificate, the Paying Agent shall Parent will pay or cause to be paid in exchange for such lost, stolen or destroyed Certificate the Merger Consideration consideration to which the holder thereof is entitled pursuant to this AgreementSection 1.5.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Exchange Agent or the Surviving CorporationBank, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation Bank may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay will issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration pursuant to be paid in respect of the Bank Share represented by such Certificate, as contemplated by this AgreementSection 3.09.

Lost Certificates. If any Certificate shall have has been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay issue in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration pursuant due to this Agreementsuch Person as provided in Section 2.02(b).

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Parent or the Surviving CorporationExchange Agent, the posting by such person Person of a bond bond, in such reasonable amount as Parent or the Surviving Corporation Exchange Agent may direct as indemnity against any claim that may be made against it Parent, the Surviving Corporation or the Exchange Agent with respect to such Certificate, the Paying Agent shall pay Parent will issue or cause to be issued in exchange for such lost, stolen or destroyed Certificate the Merger Consideration distributions to which the holders thereof are entitled pursuant to this AgreementSection 1.5.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 CorporationParent, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation Parent may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration with respect to the Shares formerly represented by such Certificate to which the holder thereof is entitled pursuant to this AgreementSection 2.04(a).