Common use of Lost or Mutilated Note Clause in Contracts

Lost or Mutilated Note. If this Note shall be mutilated, lost, stolen or destroyed, the Company shall execute and deliver, in exchange and substitution for and upon cancellation of a mutilated Note, or in lieu of or in substitution for a lost, stolen or destroyed Note, a new Note for the Outstanding Principal Amount of this Note so mutilated, lost, stolen or destroyed, but only upon receipt by the Company of (i) evidence of such loss, theft or destruction of such Note, and of the ownership hereof, reasonably satisfactory to the Company, and (ii) a note affidavit reasonably acceptable to the Company, which contains a customary indemnity by the Holder for any misrepresentations contained therein. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement the Note.