Common use of Replacement Warrants Clause in Contracts

Replacement Warrants. (i) This Warrant may be divided or combined with other Warrants upon presentation hereof at the aforesaid office of the Company, together with a written notice specifying the names and denominations in which new Warrants are to be issued, signed by the Holder or its agent or attorney. Subject to compliance with Section 5(a), as to any transfer which may be involved in such division or combination, the Company shall execute and deliver a new Warrant or Warrants in exchange for the Warrant or Warrants to be divided or combined in accordance with such notice. All Warrants issued on transfers or exchanges shall be dated as of the Issue Date and shall be identical with this Warrant except as to the number of Warrant ADSs (represented by ADRs) issuable pursuant thereto. (ii) Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant and upon delivery of an indemnity reasonably satisfactory to it (it being understood that a written indemnification agreement or affidavit of loss of the Holder shall be a sufficient indemnity) and, in case of mutilation, upon surrender of such Warrant for cancellation to the Company, the Company at its own expense shall execute and deliver to the Holder, in lieu hereof, a new Warrant of like tenor and exercisable for an equivalent number of Warrant ADSs (represented by ADRs) as this Warrant so lost, stolen, mutilated or destroyed; provided that, in the case of mutilation, no indemnity shall be required if this Warrant in identifiable form is surrendered to the Company for cancellation. (iii) Upon request by the Holder and surrender of this Warrant Certificate to the Company for replacement, the Company, at its own expense, shall execute and deliver to the Holder in replacement of this Warrant Certificate a new Warrant Certificate of like tenor and exercisable for such number of Warrant ADSs (represented by ADRs) and at such Exercise Price as this Warrant shall be exercisable for immediately prior to such request, after taking into account any adjustments to the number of Warrant ADSs and the Exercise Price has may have been made pursuant to the terms hereof.

Appears in 8 contracts

Sources: Security Agreement (Trinity Biotech PLC), Security Agreement (Trinity Biotech PLC), Security Agreement (Trinity Biotech PLC)