Clause Information
Lost Certificates. In the event any certificate which immediately prior to the Effective Time represented one or more outstanding Shares or Qualifying Holdco Shares that were transferred pursuant to Section 2.3 shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such certificate to be lost, stolen or destroyed, the Depositary will issue in exchange for such lost, stolen or destroyed certificate, cash deliverable in accordance with such holder's Letter of Transmittal. When authorizing such payment in exchange for any lost, stolen or destroyed certificate, the Person to whom such cash is to be delivered shall as a condition precedent to the delivery of such cash, give a bond satisfactory to the Purchaser (or Amalco 2) and the Depositary (each acting reasonably) in such sum as the Purchaser or Amalco 2 may direct (acting reasonably), or otherwise indemnify the Purchaser, the Company and Amalco 2 in a manner satisfactory to the Purchaser, the Company and Amalco 2, each acting reasonably, against any claim that may be made against the Purchaser, the Company and Amalco 2 with respect to the certificate alleged to have been lost, stolen or destroyed.
| Clause Category: | Lost Certificates |
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