Common use of Mutilated or Missing Warrant Certificates Clause in Contracts

Mutilated or Missing Warrant Certificates. If any Warrant shall be mutilated, lost, stolen or destroyed the Warrant Agent shall deliver a new Warrant Certificate of like tenor and denomination in exchange and substitution therefor upon surrender and cancellation of the mutilated Warrant Certificate or, in the case of a lost, stolen or destroyed Warrant Certificate, upon receipt of evidence satisfactory to the Company and the Warrant Agent of the loss, theft or destruction of such Warrant Certificate and, in either case, upon receipt of such indemnity as the Company and the Warrant Agent may reasonably require. Applicants for substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Warrant Agent or the Company may prescribe. Any such new Warrant Certificate shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone.

Mutilated or Missing Warrant Certificates. If In the event that any Warrant Certificate shall be mutilated, lost, stolen or destroyed destroyed, Dura may in its discretion issue, and the Warrant Agent shall deliver may countersign and deliver, upon the request of the Holder of the Warrants evidenced by such Warrant Certificate, in exchange for and upon cancellation of any such mutilated Warrant Certificate, or in substitution for any such lost, stolen or destroyed Warrant Certificate, a new Warrant Certificate of like tenor and denomination in exchange and substitution therefor upon surrender and cancellation evidencing the same number of the mutilated Warrant Certificate orShares as were evidenced by such mutilated, in the case of a lost, stolen or destroyed Warrant Certificate, but only upon receipt of evidence satisfactory to the Company and the Warrant Agent of the such loss, theft or destruction of such Warrant Certificate andand an indemnity, in either caseif requested, upon receipt of reasonably satisfactory to it. An applicant for such indemnity as the Company and the Warrant Agent may reasonably require. Applicants for substitute Warrant Certificates Certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as Dura or the Warrant Agent or the Company may prescribe. Any such new Warrant Certificate shall constitute an original contractual obligation of the CompanyDura, whether or not the allegedly mutilated, lost, stolen, mutilated stolen or destroyed Warrant Certificate shall be enforceable by any person at any time enforceable by anyonethereafter.

Mutilated or Missing Warrant Certificates. If In case any Warrant Certificate shall be mutilated, lost, stolen or destroyed, upon cancellation of the mutilated, lost, stolen or destroyed Warrant Certificate, the Company shall issue, and the Warrant Agent shall countersign and deliver in exchange and substitution for the mutilated, lost, stolen or destroyed Warrant Certificate, a new Warrant Certificate of like tenor and denomination in exchange and substitution therefor evidencing the number of shares of Common Stock purchasable upon surrender and cancellation exercise of the mutilated Warrant Certificate orso mutilated, in the case of a lost, stolen or destroyed Warrant Certificatedestroyed, but only upon receipt of evidence satisfactory to the Company and the Warrant Agent of the such loss, theft or destruction of such Warrant Certificate andand an indemnity, in either caseif requested, upon receipt of such indemnity as the Company and the Warrant Agent may reasonably requirealso satisfactory to it. Applicants for any such substitute Warrant Certificates Certificate shall also comply with such other reasonable regulations requirements and pay such other reasonable charges as the Company or the Warrant Agent or the Company may prescribe, including the posting of a customary bond. Any such new Warrant Certificate shall constitute an original contractual obligation of the Company, whether or not the allegedly mutilated, lost, stolen, mutilated stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone.

Mutilated or Missing Warrant Certificates. If any Warrant Certificate shall be mutilated, lost, stolen or destroyed destroyed, the Warrant Agent Company shall deliver a new Warrant Certificate of like tenor and denomination in exchange and substitution therefor upon surrender and cancellation of the mutilated Warrant Certificate or, in the case of a lost, stolen or destroyed Warrant Certificate, upon receipt of evidence satisfactory to the Company and the Warrant Agent of the loss, theft or destruction of such Warrant Certificate and, in either case, upon receipt of such indemnity as the Company and the Warrant Agent may reasonably require. Applicants for substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Warrant Agent or the Company may prescribe. Any such new Warrant Certificate shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone.

Mutilated or Missing Warrant Certificates. If any Warrant Certificate shall be mutilated, lost, stolen or destroyed destroyed, the Warrant Agent shall deliver a new Warrant Certificate of like tenor and denomination in exchange and substitution therefor upon surrender and cancellation of the mutilated Warrant Certificate or, in the case of a lost, stolen or destroyed Warrant Certificate, upon receipt of evidence satisfactory to the Company and the Warrant Agent of the loss, theft or destruction of such Warrant Certificate and, in either case, upon receipt of such indemnity as the Company and or the Warrant Agent may reasonably require. Applicants for substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Warrant Agent or the Company may prescribe. Any such new Warrant Certificate shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone.

Mutilated or Missing Warrant Certificates. If In case any of the Warrant Certificates shall be mutilated, lost, stolen or destroyed destroyed, the Company shall issue and the Warrant Agent shall deliver countersign, in exchange and substitution for and upon cancellation of the mutilated Warrant Certificate, or in lieu of and substitution for the Warrant Certificate lost, stolen or destroyed, a new Warrant Certificate of like tenor and denomination in exchange and substitution therefor upon surrender and cancellation representing an equivalent number of the mutilated Warrant Certificate orWarrants, in the case of a lost, stolen or destroyed Warrant Certificate, but only upon receipt of evidence reasonably satisfactory to the Company and the Warrant Agent of the such loss, theft or destruction of such Warrant Certificate andand indemnity, in either caseif requested, upon receipt of such indemnity as also reasonably satisfactory to the Company and the Warrant Agent may reasonably requireAgent; provided that if the owner of the same is Lehman Brothers Inc. or any affiliate thereof or an institutional le▇▇▇▇ ▇r investor, its own agreement of indemnity shall be deemed to be satisfactory. Applicants for substitute such new Warrant Certificates shall also comply with such other reasonable regulations and must pay such other reasonable charges as the Warrant Agent or the Company may prescribe. Any such new Warrant Certificate shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone.

Mutilated or Missing Warrant Certificates. If any Warrant Certificate shall be mutilated, lost, stolen stolen, or destroyed destroyed, the Warrant Agent shall deliver a new Warrant Certificate of like tenor and denomination in exchange and substitution therefor upon surrender and cancellation of the mutilated Warrant Certificate or, in the case of a lost, stolen or destroyed Warrant Certificate, upon receipt of evidence satisfactory to the Company and the Warrant Agent of the loss, theft theft, or destruction of such Warrant Certificate and, in either case, upon receipt of such indemnity as the Company and the Warrant Agent may reasonably require. Applicants for substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Warrant Agent or the Company may prescribe. Any such new Warrant Certificate shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated mutilated, or destroyed Warrant Certificate shall be at any time enforceable by anyone.

Mutilated or Missing Warrant Certificates. If In case any of the Warrant Certificates shall be mutilated, lost, stolen or destroyed destroyed, the Company shall issue, in exchange and substitution for and upon cancellation of the mutilated Warrant Certificate, or in lieu of and substitution for the Warrant Agent shall deliver Certificate lost, stolen or destroyed, a new Warrant Certificate of like tenor and denomination in exchange and substitution therefor upon surrender and cancellation representing an equivalent number of the mutilated Warrant Certificate orWarrants, in the case of a lost, stolen or destroyed Warrant Certificate, but only upon receipt of evidence reasonably satisfactory to the Company and the Warrant Agent of the such loss, theft or destruction of such Warrant Certificate andand indemnity or bond, if requested, also reasonably satisfactory to it, PROVIDED HOWEVER, that no such bond may be requested from any initial holder of Warrants issued pursuant to this Agreement or any institutional "accredited investor" (as defined in either case, upon receipt of such indemnity as Regulation D under the Company and the Warrant Agent may reasonably requireSecurities Act) who subsequently acquires Warrants. Applicants for such substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Warrant Agent or the Company may prescribe. Any such new Warrant Certificate shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone.

Mutilated or Missing Warrant Certificates. If In the event that any Warrant Certificate shall be mutilated, lost, stolen or destroyed destroyed, Dura may in its sole discretion issue, and the Warrant Agent shall deliver countersign and deliver, upon the request of the Holder of the Warrants evidenced by such Warrant Certificate, in exchange for and upon cancellation of any such mutilated Warrant Certificate, or in substitution for any such lost, stolen or destroyed Warrant Certificate, a new Warrant Certificate of like tenor and denomination in exchange and substitution therefor upon surrender and cancellation evidencing the same number of the mutilated Warrant Certificate orShares as were evidenced by such mutilated, in the case of a lost, stolen or destroyed Warrant Certificate, but only upon receipt of evidence satisfactory to the Company and the Warrant Agent of the such loss, theft or destruction of such Warrant Certificate andand an indemnity, in either caseif requested, upon receipt of reasonably satisfactory to it. An applicant for such indemnity as the Company and the Warrant Agent may reasonably require. Applicants for substitute Warrant Certificates Certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as Dura or the Warrant Agent or the Company may prescribe. Any such new Warrant Certificate shall constitute an original contractual obligation of the CompanyDura, whether or not the allegedly mutilated, lost, stolen, mutilated stolen or destroyed Warrant Certificate shall be enforceable by any person at any time enforceable by anyonethereafter.

Mutilated or Missing Warrant Certificates. If any Warrant Certificate shall be mutilated, lost, stolen stolen, or destroyed destroyed, the Warrant Agent shall countersign and deliver a new Warrant Certificate of like tenor and denomination in exchange and substitution therefor upon surrender and cancellation of the mutilated Warrant Certificate or, in the case of a lost, stolen or destroyed Warrant Certificate, upon receipt of evidence satisfactory to the Company and the Warrant Agent of the loss, theft theft, or destruction of such Warrant Certificate and, in either case, upon receipt of such indemnity as the Company and an affidavit and the Warrant Agent may reasonably requireposting of an indemnity or bond satisfactory to it. Applicants for such substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Warrant Agent or may prescribe and as required by Section 8-405 of the Company may prescribeUniform Commercial Code as in effect in the State of New York. Any such new Warrant Certificate shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated mutilated, or destroyed Warrant Certificate shall be at any time enforceable by anyone.