Common use of Replacement of Instruments Clause in Contracts

Replacement of Instruments. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any certificate or instrument evidencing any Warrants issued by the Company, and (a) in the case of loss, theft or destruction, of an indemnity reasonably satisfactory to it, provided that, if the owner of the same is an Initial Holder, its own agreement of indemnity shall be deemed to be satisfactory, or if the owner of the same is a Holder the Company may require a bond, or (b) in the case of mutilation, upon surrender or cancellation thereof, the Company, at its expense, shall execute, register and deliver, in lieu thereof, a new certificate or instrument for (or covering the purchase of) an equal number of Warrants or Warrant Stock.

Appears in 4 contracts

Sources: Special Warrant Agreement (Nuco2 Inc /Fl), Special Warrant Agreement (Nuco2 Inc /Fl), Warrant Agreement (Nuco2 Inc /Fl)

Replacement of Instruments. Upon receipt by the Company Issuer of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any certificate or instrument evidencing any Warrants issued by the Companyor Warrant Stock, and (a) in the case of loss, theft or destruction, of an indemnity reasonably satisfactory to it, it (provided that, that if the Common Stock is not at the time publicly traded and the owner of the same is any Holder or an Initial Holderinstitutional lender or investor, its own agreement of indemnity shall be deemed to be satisfactory, or if the owner of the same is a Holder the Company may require a bond), or (b) in the case of mutilation, upon surrender or cancellation thereof, the CompanyIssuer, at its expense, shall execute, register and deliver, in lieu thereof, a new certificate or instrument for (or covering the purchase of) an equal number of Warrants or Warrant Stock.

Appears in 3 contracts

Sources: Warrant Agreement (Chart Industries Inc), Warrant Agreement (Chart Industries Inc), Warrant Agreement (Chart Industries Inc)

Replacement of Instruments. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any certificate or instrument evidencing any Warrants Preferred Shares issued by the Company, and (a) in the case of loss, theft or destruction, of an indemnity reasonably satisfactory to it, provided that, if the owner of the same is an Initial HolderPurchaser, its own agreement of indemnity shall be deemed to be satisfactory, or if the owner of the same is a Holder the Company may require a bond, or (b) in the case of mutilation, upon surrender or cancellation thereof, the Company, at its expense, shall execute, register and deliver, in lieu thereof, a new certificate or instrument for (or covering the purchase of) an equal number of Warrants or Warrant Stocksuch Preferred Shares.

Appears in 2 contracts

Sources: Preferred Stock Purchase Agreement (Nuco2 Inc /Fl), Preferred Stock Purchase Agreement (Nuco2 Inc /Fl)

Replacement of Instruments. Upon receipt by the Company of -------------------------- evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any certificate or instrument evidencing any Warrants issued by the Companyor Warrant Stock, and (a) in the case of loss, theft or destruction, of an indemnity reasonably satisfactory to it, it (provided that, if the Company's Common Stock is not at -------- the time publicly traded and the owner of the same is Investor or an Initial Holderinstitutional lender or investor, its own agreement of indemnity shall be deemed to be satisfactory, or if the owner of the same is a Holder the Company may require a bond), or (b) in the case of mutilation, upon surrender or cancellation thereof, the Company, at its expense, shall execute, register and deliver, in lieu thereof, a new certificate or instrument for (or covering the purchase of) an equal number of Warrants or Warrant Stock.Agreement -----------------

Appears in 1 contract

Sources: Warrant Agreement (Frontier Airlines Inc /Co/)