Lost Share Certificates. If any Share Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Share Certificate to be lost, stolen or destroyed and such indemnification or other undertakings as may be reasonably requested by the Surviving Corporation, the Surviving Corporation will pay, in exchange for such lost, stolen or destroyed Share Certificate, the applicable Share Consideration to be paid in respect of the Shares represented by such Share Certificate, as contemplated by this Article 2.
Appears in 2 contracts
Sources: Merger Agreement (Mueller Water Products, Inc.), Merger Agreement (Walter Industries Inc /New/)
Lost Share Certificates. If In the event that any Share Certificate certificate ----------------------- representing Shares or Redeemed Shares shall have been lost, stolen or destroyed, upon (i) the making of an affidavit of that fact by the Person Shareholder claiming such Share Certificate certificate to be lost, stolen or destroyed destroyed, and such indemnification or other undertakings as may be reasonably requested by (ii) the Surviving Corporationexecution and delivery to the Company of an indemnity agreement in customary form and substance, the Surviving Corporation will payCompany shall issue to such Shareholder, in exchange for such lost, stolen or destroyed Share Certificatecertificate, the applicable Share Consideration to be paid in respect of the Shares represented by such Share Certificate, as contemplated by this Article 2a new share certificate.
Appears in 1 contract
Sources: Stock Purchase and Redemption Agreement (Panolam Industries Inc)