Common use of Lost, Stolen or Destroyed Stock Certificates Clause in Contracts

Lost, Stolen or Destroyed Stock Certificates. If any Stock Certificate shall have been lost, stolen or destroyed, then, upon the making of an affidavit of that fact by the Person claiming such Stock Certificate to be lost, stolen or destroyed and, if required by the Surviving Corporation, the posting of a bond in customary form in favor of the Surviving Corporation, in such reasonable amount as Surviving Corporation may direct, as an unsecured indemnity against any claim that may be made against it with respect to such Stock Certificate, the Paying Agent shall deliver in exchange for such lost, stolen or destroyed Stock Certificate the Merger Consideration payable pursuant to this Agreement in respect of the shares of Common Stock or Senior Preferred Stock, as applicable, formerly represented by such Certificate, as contemplated by this ARTICLE II.

Lost, Stolen or Destroyed Stock Certificates. If any Stock Certificate shall have been lost, stolen stolen, or destroyed, then, upon the making of an affidavit (in a form reasonably satisfactory to Purchaser and Exchange Agent) of that fact by the Person claiming such Stock Certificate to be lost, stolen stolen, or destroyed and, if required by the Surviving CorporationPurchaser, the posting by such Person of a bond in customary form in favor of the Surviving Corporationbond, in such reasonable amount as Surviving Corporation the Purchaser may direct, as an unsecured indemnity against any claim that may be made against it with respect to such Stock Certificate, the Paying Exchange Agent shall deliver will issue, in exchange for such lost, stolen stolen, or destroyed Stock Certificate Certificate, the Merger Consideration payable pursuant to this Agreement be paid in respect of the shares of Company Common Stock or Senior Preferred Stock, as applicable, formerly represented by such Certificate, Stock Certificate as contemplated by under this ARTICLE IIArticle IV.