Delivery of replacements. Subject to receipt of replacement Global Notes and/or Definitive Notes (as the case may be), the Principal Paying Agent or the Registrar (as applicable) shall upon and in accordance with the instructions of the Issuer (which instructions may, without limitation, include terms as to the payment of expenses and as to evidence, security and indemnity), complete, authenticate and deliver a Global Note or Definitive Note which the Issuer has determined to issue as a replacement for any Global Note or Definitive Note which has been mutilated or defaced, which has been or is alleged to have been destroyed, stolen or lost; provided however that the Principal Paying Agent or the Registrar (as applicable) shall not deliver or issue any replacement Global Note or Definitive Note: (a) if the Global Note or Definitive Note being replaced has been mutilated or defaced otherwise than against surrender of the same; and (b) until the claimant has furnished the Principal Paying Agent or the Registrar (as applicable) with such evidence, security and indemnity as the Issuer and/or the Principal Paying Agent or the Registrar (as applicable) may reasonably require and has paid such costs and expenses as may be incurred in connection with such replacement.
Appears in 2 contracts
Sources: Agency Agreement, Agency Agreement
Delivery of replacements. Subject to receipt of replacement Global Notes and/or Registered Definitive Notes (as the case may be), the Principal Paying Agent or the Registrar (as applicable) shall upon and in accordance with the instructions of the Issuer (which instructions may, without limitation, may include terms as to the payment of expenses and as to evidence, security and indemnity), complete, authenticate and deliver a Global Note or Registered Definitive Note which the Issuer has determined to issue as a replacement for any Global Note or Registered Definitive Note (as the case may be) which has been mutilated or defaced, which has been or is alleged to have been destroyed, stolen or lost; provided however that the Principal Paying Agent or the Registrar (as applicable) shall not deliver or issue any replacement Global Note or Registered Definitive Note:Note (as the case may be):
(a) if the Global Note or Registered Definitive Note being replaced has been mutilated or defaced otherwise than against surrender of the same; and
(b) until the claimant has furnished the Principal Paying Agent or the Registrar (as applicable) with such evidence, security and indemnity as the Issuer and/or the Principal Paying Agent or the Registrar (as applicable) may reasonably require and has paid such costs and expenses as may be incurred in connection with such replacement.
Appears in 2 contracts
Sources: Agency Agreement, Agency Agreement
Delivery of replacements. Subject to receipt of replacement Global Notes Note Certificates and/or Definitive Notes Individual Note Certificates (as the case may be), the Principal Paying and Transfer Agent or the Registrar (as applicable) shall shall, upon and in accordance with the written instructions of the Issuer (which instructions may, without limitation, include terms as to the payment of expenses and as to evidence, security and indemnity), complete, authenticate and deliver a Global Note Certificate or Definitive Individual Note Certificate which the Issuer has determined to issue as a replacement for any Global Note Certificate or Definitive Individual Note Certificate which has been mutilated or defaced, defaced or which has been or is alleged to have been destroyed, stolen or lost; , provided however that the Principal Paying and Transfer Agent or the Registrar (as applicable) shall not deliver or issue any replacement Global Note Certificate or Definitive Note:
(a) if the Individual Note Certificate as a replacement for any Global Note Certificate or Definitive Individual Note being replaced Certificate which has been mutilated or defaced otherwise than against surrender of the same; and
(b) same and shall not issue any replacement Global Note Certificate or Individual Note Certificate until the claimant applicant has furnished the Principal Paying and Transfer Agent or the Registrar (as applicable) with such evidence, security evidence and indemnity as the Issuer and/or the Principal Paying and Transfer Agent or the Registrar (as applicable) may reasonably require and has paid such costs and expenses as may be incurred in connection with such replacement.
Appears in 1 contract
Sources: Paying Agency Agreement
Delivery of replacements. Subject to receipt of replacement Global Notes Note Certificates and/or Definitive Notes Individual Note Certificates (as the case may be), the Principal Paying Replacement Agent or the Registrar (as applicable) shall shall, upon and in accordance with the instructions of the Issuer (which instructions may, without limitation, include terms as to the payment of expenses and as to evidence, security and indemnity), complete, authenticate and deliver a Global Note Certificate or Definitive Individual Note Certificate which the Issuer has determined to issue as a replacement for any the Global Note Certificate or Definitive Individual Note Certificate which has been mutilated or defaced, defaced or which has been or is alleged to have been destroyed, stolen or lost; provided however provided, however, that the Principal Paying a Replacement Agent or the Registrar (as applicable) shall not deliver any Global Note Certificate or Individual Note Certificate as a replacement for any Global Note Certificate or Individual Note Certificate which has been mutilated or defaced other than against surrender of the same and shall not issue any replacement Global Note Certificate or Definitive Note:
(a) if the Global Individual Note or Definitive Note being replaced has been mutilated or defaced otherwise than against surrender of the same; and
(b) Certificate until the claimant applicant has furnished the Principal Paying Replacement Agent or the Registrar (as applicable) with such evidence, security evidence and indemnity as the Issuer Issuer, each Subsidiary Guarantor and/or the Principal Paying Replacement Agent or the Registrar (as applicable) may reasonably require and has paid such costs and expenses as may be incurred in connection with such replacement.
Appears in 1 contract
Sources: Note Agency Agreement (China Time Share Media Co. LTD)
Delivery of replacements. Subject to receipt of sufficient replacement Global Notes and/or Registered Definitive Notes (as the case may be), the Principal Paying Agent or the Registrar (as applicable) shall upon and in accordance with the instructions of the Issuer (which instructions may, without limitation, include terms as to the payment of expenses and as to evidence, security and indemnity), complete, authenticate authenticate, if applicable, arrange effectuation and deliver a Global Note or Registered Definitive Note which the Issuer has determined to issue as a replacement for any Global Note or Registered Definitive Note which has been mutilated or defaced, which has been or is alleged to have been destroyed, stolen or lost; provided however that the Principal Paying Agent or the Registrar (as applicable) shall not deliver or issue any replacement Global Note or Registered Definitive Note:
(a) if the Global Note or Registered Definitive Note being replaced has been mutilated or defaced otherwise than against surrender of the same; and
(b) until the claimant has furnished the Principal Paying Agent or the Registrar (as applicable) with such evidence, security and indemnity as the Issuer and/or the Principal Paying Agent or the Registrar (as applicable) may reasonably require and has paid such costs and expenses as may be incurred in connection with such replacement.
Appears in 1 contract
Sources: Agency Agreement
Delivery of replacements. Subject to receipt of replacement Global Notes and/or Registered Definitive Notes (as the case may be), the Principal Paying Agent or the Registrar (as applicable) shall upon and in accordance with the instructions of the Issuer (which instructions may, without limitation, may include terms as to the payment of expenses and as to evidence, security and indemnity), complete, authenticate and deliver a Global Note or Registered Definitive Note which the Issuer has determined to issue as a replacement for any Global Note or Registered Definitive Note Note(as the case may be) which has been mutilated or defaced, which has been or is alleged to have been destroyed, stolen or lost; provided however that the Principal Paying Agent or the Registrar (as applicable) shall not deliver or issue any replacement Global Note or Registered Definitive Note:Note (as the case may be):
(a) if the Global Note or Registered Definitive Note being replaced has been mutilated or defaced otherwise than against surrender of the same; and
(b) until the claimant has furnished the Principal Paying Agent or the Registrar (as applicable) with such evidence, security and indemnity as the Issuer and/or the Principal Paying Agent or the Registrar (as applicable) may reasonably require and has paid such costs and expenses as may be incurred in connection with such replacement.
Appears in 1 contract
Sources: Agency Agreement