Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan Registrar, the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding. (b) If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Registrar that such Note has been acquired by a bona fide Lender, the Borrower shall execute and deliver (through the Loan Registrar), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding. (c) Upon the issuance of any new Note under this Section 15.6, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith. (d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder. (e) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen Note.
Appears in 28 contracts
Sources: Loan Financing and Servicing Agreement (Crestline Lending Solutions, LLC), Loan Financing and Servicing Agreement (BC Partners Lending Corp), Loan Financing and Servicing Agreement (TriplePoint Venture Growth BDC Corp.)
Mutilated, Destroyed, Lost and Stolen Notes. If (a1) If any mutilated Note is surrendered to the Loan RegistrarTrustee, or (2) the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes (i) Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer and the Trustee such security or indemnity as may be required by them to save each of them and harmless from any agent of either of them harmlessclaim, loss, cost or liability resulting from such lost or stolen Note, then, in the absence of written notice to the Borrower Issuer or the Loan Registrar Trustee that such Note has been acquired by a bona fide LenderProtected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Borrower Issuer shall execute and deliver (through upon Issuer Order the Loan Registrar)Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and amount, bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.63.06, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 3.06 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer and each Guarantor, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 3.06 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 14 contracts
Sources: Indenture (PennyMac Financial Services, Inc.), Indenture (PennyMac Financial Services, Inc.), Indenture (PennyMac Financial Services, Inc.)
Mutilated, Destroyed, Lost and Stolen Notes. If (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, or the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Company and the Loan Registrar prior to the payment of the Notes (i) Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (iib) there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Company or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Company shall execute and deliver (through upon receipt of an Authentication Order the Loan Registrar)Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and amount, bearing a number not contemporaneously outstanding.
(c) Outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.63.06, the Borrower Company may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 3.06 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerCompany, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately ratably with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 3.06 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 12 contracts
Sources: Indenture (Lyondell Chemical Co), Indenture (Lyondell Chemical Co), Indenture (Lyondell Houston Refinery Inc.)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarIndenture Trustee, the Borrower Issuer shall execute and the Indenture Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new replacement Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes Indenture Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, harmless then, in the absence of actual notice to the Borrower Issuer or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuer shall execute and deliver (through upon its request the Loan Registrar)Indenture Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new replacement Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) In case the final installment of principal on any such mutilated, destroyed, lost or stolen Note has become or will at the next Payment Date become due and payable, the Issuer, in its discretion, may, instead of issuing a replacement Note, pay such Note.
(d) Upon the issuance of any new replacement Note under this Section 15.62.5, the Borrower Issuer or the Indenture Trustee may require the payment from by the transferor holder Noteholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewithas a result of the issuance of such replacement Note.
(de) Every new replacement Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 2.5 in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(ef) The provisions of this Section 15.6 2.5 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 10 contracts
Sources: Indenture (Bluegreen Vacations Corp), Indenture (BBX Capital Corp), Indenture (BBX Capital Corp)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Loan Indenture Trustee or the Note Registrar, or the Borrower shall execute and deliver (through Issuer, the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to Registrar or the Borrower and the Loan Registrar prior to the payment of the Notes (i) Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer, the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer, the Note Registrar or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderprotected purchaser, the Borrower shall Issuer will execute and upon its request the Indenture Trustee will authenticate and deliver (through in the Loan Registrarcase of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor Series, Class or Tranche, Expected Final Payment Date, Legal Maturity Date and principal amount and Stated Principal Amount, bearing a number not contemporaneously outstandingOutstanding.
(b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under this Section 15.64.06, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Indenture Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 4.06 in lieu of any destroyed, lost or stolen Note shall will constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall will be at any time enforceable by anyone, and shall will be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of the same Series, Class or Tranche duly issued hereunder.
(e) The provisions of this Section 15.6 4.06 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 10 contracts
Sources: Indenture Agreement, Indenture (American Express Receivables Financing Corp VIII LLC), Second Amended and Restated Indenture (American Express Receivables Financing Corp VIII LLC)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarIndenture Trustee, the Borrower Issuer shall execute and the Indenture Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new replacement Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes Indenture Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, harmless then, in the absence of actual notice to the Borrower Issuer or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuer shall execute and deliver (through upon its request the Loan Registrar)Indenture Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new replacement Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) In case the final installment of principal on any such mutilated, destroyed, lost or stolen Note has become or will at the next Payment Date become due and payable, the Issuer in its discretion may, instead of issuing a replacement Note, pay such Note.
(d) Upon the issuance of any new replacement Note under this Section 15.62.05, the Borrower Issuer or the Indenture Trustee may require the payment from by the transferor holder Noteholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewithas a result of the issuance of such replacement Note.
(de) Every new replacement Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 2.05 in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(ef) The provisions of this Section 15.6 2.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 10 contracts
Sources: Indenture (Diamond Resorts International, Inc.), Indenture (Diamond Resorts International, Inc.), Indenture (Diamond Resorts International, Inc.)
Mutilated, Destroyed, Lost and Stolen Notes. If (ai) If any mutilated Note is surrendered to the Loan RegistrarIndenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen Note, the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes (i) Indenture Trustee receives evidence to their its satisfaction of the destruction, loss or theft of any the Note and (ii) there is delivered to the Indenture Trustee, the Registrar and the Trust such security or indemnity as may be required by them the Indenture Trustee, the Registrar and the Trust to save each of them the Indenture Trustee, the Registrar and any agent of either of them the Trust harmless, then, then in either case the absence of notice to the Borrower or the Loan Registrar that such Note has been acquired by a bona fide Lender, the Borrower Trust shall execute and deliver (through the Loan Registrar)Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note Note, of like classthe same maturity, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon the issuance of any new Note under this Section 15.6, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a as such mutilated, destroyed, lost or stolen Note, bearing a number not contemporaneously outstanding; provided, however, that if any such mutilated, destroyed, lost or stolen Note shall have become or shall be about to become due and payable, instead of issuing a new Note, the Trust may pay such Note without surrender of such Note, except that any mutilated Note shall be surrendered.
Appears in 8 contracts
Sources: Omnibus Instrument (Protective Life Insurance Co), Omnibus Instrument (Protective Life Insurance Co), Omnibus Instrument (Protective Life Insurance Co)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Company shall execute and the Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new Note of the same series and of like class and tenor and principal amount amount, and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Company and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security Note or indemnity as may be required by them to save each of them and any agent of either any of them harmless, then, in the absence of notice to the Borrower Company or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Company shall execute and deliver (through upon its request the Loan Registrar)Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of the same series and of like class, tenor and principal amount amount, and bearing a number not contemporaneously outstanding.
(c) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note.
(d) Upon the issuance of any new Note under this Section 15.6Section, the Borrower Company or the Trustee may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and its counsel) connected therewith.
(de) Every new Note of any series issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerCompany, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of that series duly issued hereunder.
(ef) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 8 contracts
Sources: Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarProgram Agent, the Borrower shall execute and deliver (through the Loan RegistrarProgram Agent) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Registrar Program Agent prior to the payment of the Notes (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Registrar Program Agent that such Note has been acquired by a bona fide Lender, the Borrower shall execute and deliver (through the Loan RegistrarProgram Agent), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon the issuance of any new Note under this Section 15.62.21, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 2.21 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 2.21 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen Note.
Appears in 6 contracts
Sources: Loan and Servicing Agreement (DT Credit Company, LLC), Loan and Servicing Agreement (DT Credit Company, LLC), Loan and Servicing Agreement (DT Credit Company, LLC)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan Note Registrar, the Borrower shall execute and deliver (through the Loan Note Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Note Registrar prior to the payment of the Notes (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Note Registrar that such Note has been acquired by a bona fide Lender, the Borrower shall execute and deliver (through the Loan Note Registrar), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon the issuance of any new Note under this Section 15.6, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen Note.
Appears in 6 contracts
Sources: Loan Financing and Servicing Agreement (FS KKR Capital Corp), Loan Financing and Servicing Agreement (Blackstone Private Credit Fund), Loan Financing and Servicing Agreement (FS Investment Corp III)
Mutilated, Destroyed, Lost and Stolen Notes. If (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, or the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuers and the Loan Registrar prior to the payment of the Notes (i) Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (iib) there is delivered to the Issuers and the Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuers or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuers shall execute and deliver (through upon receipt of an Authentication Order the Loan Registrar)Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and amount, bearing a number not contemporaneously outstanding.
(c) Outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuers in their discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.63.06, the Borrower Issuers may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 3.06 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrowereach Issuer, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately ratably with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 3.06 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 5 contracts
Sources: Indenture (Equistar Funding Corp), Indenture (Equistar Chemicals Lp), Indenture (Lyondell Chemical Co)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Loan Indenture Trustee or the Note Registrar, or the Borrower shall execute and deliver (through Issuer, the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to Registrar or the Borrower and the Loan Registrar prior to the payment of the Notes (i) Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer, the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer, the Note Registrar or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderprotected purchaser, the Borrower shall Issuer will execute and upon its request the Indenture Trustee will authenticate and deliver (through in the Loan Registrarcase of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor Series, Class or Tranche, Expected Principal Payment Date, Legal Maturity Date and principal amount and Stated Principal Amount, bearing a number not contemporaneously outstandingOutstanding.
(b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under this Section 15.6Section, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Indenture Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall will constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall will be at any time enforceable by anyone, and shall will be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of the same Series, Class or Tranche duly issued hereunder.
(e) The provisions of this Section 15.6 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 5 contracts
Sources: Indenture (Capital One Master Trust), Indenture (Capital One Master Trust), Indenture
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan Registrarmutilated, the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Registrar that such Note has been acquired by a bona fide Lender, the Borrower shall execute and deliver (through the Loan Registrar)deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon the issuance of any new Note under this Section 15.6Section, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen Note.
Appears in 5 contracts
Sources: Loan and Servicing Agreement (Drivetime Automotive Group Inc), Loan and Servicing Agreement (DT Acceptance Corp), Loan and Servicing Agreement (DT Credit Company, LLC)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan Registrar, Facility Agent the Borrower shall execute and deliver (through the Loan RegistrarFacility Agent) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Registrar Facility Agent prior to the payment of the Notes (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Registrar Facility Agent that such Note has been acquired by a bona fide Lender, the Borrower shall execute and deliver (through the Loan RegistrarFacility Agent), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon the issuance of any new Note under this Section 15.616.6, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 16.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 16.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen Note.
Appears in 5 contracts
Sources: Receivables Financing Agreement (TriplePoint Venture Growth BDC Corp.), Receivables Financing Agreement (TriplePoint Venture Growth BDC Corp.), Receivables Financing Agreement (TriplePoint Venture Growth BDC Corp.)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarBorrowers, the Borrower Borrowers shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class with the same principal amount, containing identical terms and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) provisions. If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes Borrowers (ia) evidence to their its satisfaction of the destruction, loss or theft of any Note and (iib) such security or indemnity as may be required by them to save each of them hold the Borrowers and any agent of either of them the Borrowers harmless, then, in the absence of notice to the Borrower or the Loan Registrar Borrowers that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Borrowers shall execute and deliver (through the Loan Registrar)deliver, in lieu of any such destroyed, lost or stolen Note or in exchange for such Note, a new Note of like classwith the same principal amount, tenor containing identical terms and principal amount and bearing a number not contemporaneously outstanding.
(c) provisions. Upon the issuance of any new Note under this Section 15.610.12, the Borrower Borrowers may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) . Every new Note Note, issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 10.12 in lieu of any destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the BorrowerBorrowers, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunderAgreement.
(e) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen Note.
Appears in 5 contracts
Sources: Loan and Security Agreement (ModusLink Global Solutions Inc), Loan and Security Agreement (Cmgi Inc), Loan and Security Agreement (Cmgi Inc)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan Registrar, Administrative Agent the Borrower shall execute and deliver (through the Loan RegistrarAdministrative Agent) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Registrar Administrative Agent prior to the payment of the Notes (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Registrar Administrative Agent that such Note has been acquired by a bona fide Lender, the Borrower shall execute and deliver (through the Loan RegistrarAdministrative Agent), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon the issuance of any new Note under this Section 15.616.6, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 16.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 16.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen Note.
Appears in 4 contracts
Sources: Receivables Financing Agreement (TriplePoint Venture Growth BDC Corp.), Receivables Financing Agreement (TriplePoint Venture Growth BDC Corp.), Bridge Loan Agreement (TriplePoint Venture Growth BDC Corp.)
Mutilated, Destroyed, Lost and Stolen Notes. (a1) If (i) any mutilated Note is surrendered to the Loan RegistrarTrustee, or the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Obligor and the Loan Registrar prior to the payment of the Notes (i) Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) there is delivered to the Obligor and the Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Obligor or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderprotected purchaser, the Borrower Obligor may in its discretion execute and, upon request of the Obligor, the Trustee shall execute authenticate and deliver (through the Loan Registrar)deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor series, Maturity Date, and principal amount and amount, bearing a number not contemporaneously outstanding.
(c2) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Obligor in its discretion may, instead of issuing a new Note, pay such Note.
(3) Upon the issuance of any new Note under this Section 15.62.05, the Borrower Obligor may require the payment from by the transferor holder Holder thereof of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d4) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 2.05 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerObligor, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e5) The provisions of this Section 15.6 2.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 4 contracts
Sources: Indenture (Pepsico Inc), Indenture (Pepsico Inc), Indenture (Pepsi Bottling Group Inc)
Mutilated, Destroyed, Lost and Stolen Notes. If (a1) If any mutilated Note is surrendered to the Loan RegistrarTrustee, or (2) the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Co-Issuers and the Loan Registrar prior to the payment of the Notes (i) Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Co-Issuers and the Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Co-Issuers or the Loan Registrar Trustee that such Note has been acquired by a bona fide LenderProtected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Borrower Co-Issuers shall execute and deliver (through upon Company Order the Loan Registrar)Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and amount, bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Co-Issuers in their discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.6305, the Borrower Co-Issuers may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 305 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerCo-Issuers and each Guarantor, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 305 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 4 contracts
Sources: Indenture (Telesat Canada), Indenture (Telesat Canada), Indenture (Telesat Canada)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Issuer shall execute and the Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new replacement Note of the same class, of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of actual notice to the Borrower Issuer or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuer shall execute and deliver (through upon its request the Loan Registrar)Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new replacement Note of like the same class, of like tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) In case the final installment of principal on any such mutilated, destroyed, lost or stolen Note has become or will at the next Payment Date become due and payable, the Issuer in its discretion may, instead of issuing a replacement Note, pay such Note.
(d) Upon the issuance of any new replacement Note under this Section 15.6Section, the Borrower Issuer or the Trustee may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewithas a result of the issuance of such replacement Note.
(de) Every new replacement Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture and any Supplement equally and proportionately with any and all other Notes of the same class, duly issued hereunder.
(ef) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 4 contracts
Sources: Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Issuer shall execute and the Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new replacement Note of the same class, of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of actual notice to the Borrower Issuer or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuer shall execute and deliver (through upon its request the Loan Registrar)Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new replacement Note of like the same class, of like tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) In case the final installment of principal on any such mutilated, destroyed, lost or stolen Note has become or will at the next Payment Date become due and payable, the Issuer in its discretion may, instead of issuing a replacement Note, pay such Note.
(d) Upon the issuance of any new replacement Note under this Section 15.6Section, the Borrower Issuer or the Trustee may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewithas a result of the issuance of such replacement Note.
(de) Every new replacement Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Amended and Restated Indenture and any Supplement equally and proportionately with any and all other Notes of the same class, duly issued hereunder.
(ef) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 4 contracts
Sources: Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Loan Indenture Trustee or the Note Registrar, or the Borrower shall execute and deliver (through Issuer, the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to Registrar or the Borrower and the Loan Registrar prior to the payment of the Notes (i) Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer, the Note Registrar and the Indenture Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer, the Note Registrar or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderprotected purchaser, the Borrower shall Issuer will execute and upon its request the Indenture Trustee will authenticate and deliver (through in the Loan Registrarcase of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor Series, Class or Tranche, Scheduled Principal Payment Date, Legal Maturity Date and principal amount and Stated Principal Amount, bearing a number not contemporaneously outstandingOutstanding.
(b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under this Section 15.63.06, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Indenture Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 3.06 in lieu of any destroyed, lost or stolen Note shall will constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall will be at any time enforceable by anyone, and shall will be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of the same Series, Class or Tranche duly issued hereunder.
(e) The provisions of this Section 15.6 3.06 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 3 contracts
Sources: Indenture Agreement (First Usa Credit Card Master Trust), Indenture (Bank One Delaware National Association), Indenture (Chase Manhattan Bank Usa)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Loan Indenture Trustee or the Note Registrar, or the Borrower shall execute and deliver (through Issuer, the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to Registrar or the Borrower and the Loan Registrar prior to the payment of the Notes (i) Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer, the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer, the Note Registrar or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderprotected purchaser, the Borrower shall Issuer will execute and upon its request the Indenture Trustee will authenticate and deliver (through in the Loan Registrarcase of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor Series or Class, Expected Final Payment Date, Legal Maturity Date and principal amount and Stated Principal Amount, bearing a number not contemporaneously outstandingOutstanding.
(b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under this Section 15.64.06, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Indenture Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 4.06 in lieu of any destroyed, lost or stolen Note shall will constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall will be at any time enforceable by anyone, and shall will be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of the same Series or Class duly issued hereunder.
(e) The provisions of this Section 15.6 4.06 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 3 contracts
Sources: Indenture (Barclays Dryrock Issuance Trust), Indenture (Dryrock Issuance Trust), Indenture (Dryrock Issuance Trust)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons (if any) appertaining thereto) is surrendered to the Loan RegistrarTrustee, or the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes (i) Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer and the Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower shall Issuer will execute and upon its request the Trustee will authenticate and deliver (through in the Loan Registrarcase of Bearer Notes, outside the United Sates), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor series, class or tranche, Expected Principal Payment Date, Legal Maturity Date and stated principal amount and amount, bearing a number not contemporaneously outstandingOutstanding.
(b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under this Section 15.6Section, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall will constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall will be at any time enforceable by anyone, and shall will be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of the same series, class or tranche duly issued hereunder.
(e) The provisions of this Section 15.6 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 3 contracts
Sources: Indenture, Indenture (Citibank Credit Card Issuance Trust), Indenture (Citibank Credit Card Master Trust I)
Mutilated, Destroyed, Lost and Stolen Notes. (a1) If (i) any mutilated Note is surrendered to the Loan RegistrarTrustee, or the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Obligor and the Loan Registrar prior to the payment of the Notes (i) Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) there is delivered to the Obligor and the Trustee such security or indemnity as may be required by them to save each of them harmless from any loss, liability or expense that they may suffer if such Note is replaced and any agent of either of them harmlesssubsequently presented or otherwise claimed for payment, then, in the absence of notice to the Borrower Obligor or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderprotected purchaser, the Borrower Obligor may in its discretion execute and, upon request of the Obligor, the Trustee shall execute authenticate and deliver (through the Loan Registrar)deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor series, Maturity Date, and principal amount and amount, bearing a number not contemporaneously outstanding.
(c2) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Obligor in its discretion may, instead of issuing a new Note, pay such Note.
(3) Upon the issuance of any new Note under this Section 15.62.05, the Borrower Obligor may require the payment from by the transferor holder Holder thereof of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d4) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 2.05 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerObligor, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e5) The provisions of this Section 15.6 2.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 3 contracts
Sources: Indenture (Agilent Technologies Inc), Indenture (Agilent Technologies Inc), Indenture (Broadridge Financial Solutions, Inc.)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan Note Registrar, the Borrower shall execute and deliver (through the Loan Note Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(ba) If there shall be delivered to the Borrower and the Loan Note Registrar prior to the payment of the Notes (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Note Registrar that such Note has been acquired by a bona fide Lender, the Borrower shall execute and deliver (through the Loan Note Registrar), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(cb) Upon the issuance of any new Note under this Section 15.6, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(dc) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(ed) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen Note.
Appears in 3 contracts
Sources: Loan Financing and Servicing Agreement (Blackstone Private Credit Fund), Loan Financing and Servicing Agreement (BlackRock TCP Capital Corp.), Loan Financing and Servicing Agreement (TCP Capital Corp.)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Issuers shall execute and deliver (through the Loan Registrar) Trustee shall authenticate and make available for delivery in exchange therefor a new Note of the same series and of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuers and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuers or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderprotected purchaser, the Borrower Issuers shall execute and deliver (through the Loan Registrar)Trustee shall authenticate and make available for delivery, in lieu of any such destroyed, lost or stolen Note, a new Note of the same series and of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuers in its discretion may, instead of issuing a new Note, pay such Note.
(d) Upon the issuance of any new Note under this Section 15.6Section, the Borrower Issuers may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(de) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuers, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Supplemental Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(ef) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 3 contracts
Sources: Third Supplemental Indenture (Suburban Propane Partners Lp), Second Supplemental Indenture (Suburban Propane Partners Lp), First Supplemental Indenture (Suburban Propane Partners Lp)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan Registrar, the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Registrar that such Note has been acquired by a bona fide Lender, the Borrower shall execute and deliver (through the Loan Registrar), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon the issuance of any new Note under this Section 15.6, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge Tax that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen Note.
Appears in 2 contracts
Sources: Loan Financing and Servicing Agreement (Oaktree Strategic Credit Fund), Loan Financing and Servicing Agreement (Oaktree Strategic Credit Fund)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note (together, in the case of Bearer Notes, with all unmatured Coupons (if any) appertaining thereto) is surrendered to the Loan RegistrarTrustee, the Borrower Obligors' Agent shall execute and the Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new Note of the same Series and Tranche, of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower Obligors' Agent and the Loan Registrar prior to Trustee and the payment of the Notes related Series Support Provider, if any (unless a Series Support Provider Default shall have occurred and be continuing)
(i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save hold each of them and any agent of either any of them harmless, then, in the absence of notice to the Borrower Obligors' Agent, the Trustee or the Loan Registrar related Series Support Provider that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Obligors' Agent shall execute and deliver upon its request the Trustee shall authenticate and make available for delivery (through in the Loan Registrarcase of Bearer Notes, outside the United States), in exchange for or in lieu of any such destroyed, lost or stolen Note, a new Note (of the same Series and Class) of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable in full, the Obligors' Agent in its discretion may, instead of issuing a new Note, cause the related Obligors to pay such Note. Upon the issuance of any new Note under this Section 15.6Section, the Borrower Obligors' Agent or the Trustee may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the reasonable fees and expenses of the Trustee and its counsel) connected therewith.
(d) . Every new Note of any Series issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrowerrelated Obligors, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Master Agreement and the related Series Supplement equally and proportionately with any and all other Notes of the same Series duly issued hereunder.
(e) hereunder and under the related Series Supplement. The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 2 contracts
Sources: Master Lease Receivables Asset Backed Financing Facility Agreement (Marlin Business Services Inc), Master Lease Receivables Asset Backed Financing Facility Agreement (Marlin Business Services Inc)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, subject to the provisions of this Section, the Borrower Company shall execute and the Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new Note containing identical terms and of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Company and the Loan Registrar prior to the payment of the Notes Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii2) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Company or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Company shall execute and, upon the Company's request the Trustee shall authenticate and deliver (through the Loan Registrar)deliver, in exchange for or in lieu of any such destroyed, lost or stolen Note, a new Note containing identical terms and of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Notwithstanding the foregoing provisions of this Section, in case any mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note.
(d) Upon the issuance of any new Note under this Section 15.6Section, the Borrower Company may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(de) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an additional original additional contractual obligation of the BorrowerCompany, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(ef) The provisions of this Section 15.6 are Section, as amended or supplemented pursuant to this Indenture, shall be exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 2 contracts
Sources: Indenture (Commercial Federal Corp), Indenture (Commercial Federal Corp)
Mutilated, Destroyed, Lost and Stolen Notes. (a1) If (i) any mutilated Note is surrendered to the Loan RegistrarTrustee, or the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Obligor and the Loan Registrar prior to the payment of the Notes (i) Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) there is delivered to the Obligor and the Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Obligor or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Obligor may in its discretion execute and, upon request of the Obligor, the Trustee shall execute authenticate and deliver (through the Loan Registrar)deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor series, Maturity Date, and principal amount and amount, bearing a number not contemporaneously outstanding.
(c2) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Obligor in its discretion may, instead of issuing a new Note, pay such Note.
(3) Upon the issuance of any new Note under this Section 15.62.05, the Borrower Obligor may require the payment from by the transferor holder Holder thereof of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d4) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 2.05 in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerObligor, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e5) The provisions of this Section 15.6 2.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 2 contracts
Sources: Indenture (Bottling Group LLC), Indenture (Bottling Group LLC)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan Registrar, the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Registrar that such Note has been acquired by a bona fide Lender, the Borrower shall execute and deliver (through the Loan Registrar), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon the issuance of any new Note under this Section 15.6, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge Taxes that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen Note.
Appears in 2 contracts
Sources: Loan Financing and Sale Agreement (AB Private Credit Investors Corp), Loan Financing and Servicing Agreement (AB Private Credit Investors Corp)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Issuer shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and maximum principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes Issuer (ia) evidence to their the Issuer's satisfaction of the destruction, loss or theft of any Note and (iib) such security or indemnity as may be required by them to save each of them hold the Issuer and any agent of either of them its agents harmless, then, in the absence of notice to the Borrower or the Loan Registrar Issuer that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuer shall execute and deliver (through the Loan Registrar)deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and maximum principal amount and bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.63.06, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Note Registrar) connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 2 contracts
Sources: Warehouse Note Purchase and Security Agreement (Nelnet Inc), Warehouse Note Purchase and Security Agreement (Nelnet Inc)
Mutilated, Destroyed, Lost and Stolen Notes. If (a1) If any mutilated Note is surrendered to the Loan RegistrarTrustee, or (2) the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes (i) Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer and the Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer or the Loan Registrar Trustee that such Note has been acquired by a bona fide LenderProtected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Borrower Issuer shall execute and deliver (through upon Company Order the Loan Registrar)Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and amount, bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Co-Issuers in their discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.6Section, the Borrower Co-Issuers may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerCo-Issuers and each Guarantor, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 2 contracts
Sources: Senior Indenture (Infosat Communications LP), Senior Subordinated Indenture (Infosat Communications LP)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to Upon receipt by the Loan Registrar, the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Lessor and the Loan Registrar prior Indenture Trustee of evidence satisfactory to the payment them of the Notes theft, loss, destruction or mutilation of any Outstanding Note, and (i) evidence to their satisfaction in the case of the destructionany such theft, loss or theft destruction) of any indemnity satisfactory to them (provided, that if the Noteholder of such Note is a "qualified institutional buyer" of the type referred to in paragraph (a)(1)(i)(A), (B), (D) or (E) or Rule 144A under the Securities Act or the Pass Through Trustee, such Person's own unsecured agreement of indemnity will be deemed to be satisfactory), and (ii) such security upon payment, if the Lessor or indemnity as may be required by them to save each the Indenture Trustee shall require it, of them a reasonable charge and any agent of either of them harmless, then, in the absence of notice upon reimbursement to the Borrower or Lessor and the Loan Registrar that Indenture Trustee of all reasonable expenses incident thereto, and upon surrender and cancellation of such Note has been acquired by a bona fide LenderNote, if mutilated, the Borrower Lessor may execute, and the Indenture Trustee shall execute thereupon authenticate and deliver (through the Loan Registrar), in lieu of any such destroyed, lost or stolen Notedeliver, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon of the issuance of any new Note under this Section 15.6, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance same series with the provisions of this Agreementsame interest rate, Stated Maturity and other terms in lieu of such stolen, lost, destroyed or mutilated Note, or if any destroyed, lost or stolen such Note shall constitute an original additional contractual obligation have matured or be about to mature, instead of issuing a substituted Note the BorrowerLessor may pay the same without surrender thereof. Any indemnity bond shall name as obligees the Lessor, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyoneIndenture Trustee, and shall be entitled to all if requested by the benefits of this Agreement equally and proportionately with Lessor, any and all other Notes duly issued hereunderPaying Agent.
(e) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen Note.
Appears in 2 contracts
Sources: Trust Indenture and Security Agreement (Royal Ahold), Trust Indenture and Security Agreement (Royal Ahold)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Loan RegistrarIndenture Trustee, or the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes (i) Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer and the Indenture Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower shall Issuer will execute and upon its request the Indenture Trustee will authenticate and deliver (through in the Loan Registrarcase of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor series, class or tranche, Expected Principal Payment Date, Legal Maturity Date and principal amount and Stated Principal Amount, bearing a number not contemporaneously outstandingOutstanding.
(b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under this Section 15.6Section, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Indenture Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall will constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall will be at any time enforceable by anyone, and shall will be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of the same series, class or tranche duly issued hereunder.
(e) The provisions of this Section 15.6 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 2 contracts
Sources: Indenture (Mbna Credit Card Master Note Trust), Indenture (Mbna Credit Card Master Note Trust)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Company shall execute and upon a written order in the form of an Officers’ Certificate of the Company the Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Company and the Loan Registrar prior to the payment of the Notes Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii2) such security or indemnity bond as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Company or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Company shall execute and deliver (through upon a written order in the Loan Registrar)form of an Officers’ Certificate of the Company the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or will become within 30 days due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under this Section 15.6Section, the Borrower Company may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerCompany, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 2 contracts
Sources: Indenture (Catalyst Paper Corp), Indenture (Catalyst Paper Corp)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarCompany, the Borrower Company shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes Company (i) evidence to their its satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them it to save each of them it and any agent of either its agents harmless and such other reasonable requirements as may be imposed by the Company as permitted by Section 8-405 of them harmlessthe Uniform Commercial Code have been satisfied, then, in the absence of notice to the Borrower or the Loan Registrar Company that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Company shall execute and deliver (through the Loan Registrar), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.611.13, the Borrower Company may require payment by the payment from the transferor holder applicable Purchaser of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 11.13 in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerCompany, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 11.13 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 2 contracts
Sources: Note Purchase Agreement (Heron Therapeutics, Inc. /De/), Note Purchase Agreement (Heron Therapeutics, Inc. /De/)
Mutilated, Destroyed, Lost and Stolen Notes. If (ai) If any mutilated Note is surrendered to the Loan Registrar, the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If Trustee or if there shall be delivered to the Borrower Company and the Loan Registrar prior to the payment of the Notes (i) Trustee evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) there shall be delivered to the Company and the Trustee such security or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Company or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Company shall execute execute, and deliver (through upon receipt of a Company Order the Loan Registrar)Trustee shall authenticate and deliver, in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note containing identical terms and provisions and of any authorized denominations and like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.63.07, the Borrower Company may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 3.07 in lieu of or in exchange for, as the case may be, any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual a separate obligation of the BorrowerCompany, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 3.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 2 contracts
Sources: Indenture (Fiserv Inc), Indenture (Fiserv Inc)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Loan RegistrarIndenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen Note, the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes (i) Indenture Trustee receives evidence to their its satisfaction of the destruction, loss or theft of any such Note and (ii) there is delivered to the Indenture Trustee, the Registrar and the Company such security or indemnity as may be required by them the Indenture Trustee, the Registrar or the Company to save each of them the Indenture Trustee, the Registrar and any agent of either of them the Company harmless, then, then in the absence of notice to the Borrower or the Loan Registrar that such Note has been acquired by a bona fide Lendereither case, the Borrower Company shall execute and deliver (through the Loan Registrar)Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classthe same series, maturity, tenor and principal amount and as such mutilated, destroyed, lost or stolen Note, bearing a number not contemporaneously outstanding; provided, however, that if any such mutilated, destroyed, lost or stolen Note shall have become or shall be about to become due and payable, instead of issuing a new Note, the Company may pay such Note without surrender of such Note, except that any mutilated Note shall be surrendered.
(cb) Upon the issuance of any new Note Note, under this Section 15.62.09, the Borrower Indenture Trustee or the Company may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Indenture Trustee, the Registrar or any Paying Agent) connected therewith.
(dc) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 2.09 in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual a separate obligation of the BorrowerCompany, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 2.09 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 2 contracts
Sources: Indenture (Governor & Co of the Bank of Ireland), Indenture (Governor & Co of the Bank of Ireland)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Issuer shall execute execute, and the Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor therefor, a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by satisfactory to them to save each of them and any agent of either their agents harmless, from any losses or claims incurred in connection with the issuance of them harmlessa new Note, then, in the absence of notice to the Borrower Issuer or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuer shall execute and deliver (through the Loan Registrar)Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note of any series under this Section 15.62.8, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note of any series issued pursuant to this Section 15.6 and 2.8 in accordance with the provisions of this Agreement, exchange for any mutilated Note or in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of such series duly issued hereunder.
(e) . The provisions of this Section 15.6 2.8 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 2 contracts
Sources: Indenture (Takeda Pharmaceutical Co LTD), Indenture (Takeda U.S. Financing Inc.)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarAgent, the Borrower shall execute and deliver (through the Loan RegistrarAgent) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Registrar Agent prior to the payment of the Notes (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Registrar Agent that such Note has been acquired by a bona fide LenderBONA FIDE purchaser, the Borrower shall execute and deliver (through the Loan RegistrarAgent), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon the issuance of any new Note under this Section 15.6SECTION 16.6, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 SECTION 16.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 SECTION 16.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Receivables Financing Agreement (Arcadia Financial LTD)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarCompany, the Borrower Company shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes Company (i) evidence to their its satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them it to save each of them it and any agent of either its agents harmless and such other reasonable requirements as may be imposed by the Company as permitted by Section 8-405 of them harmlessthe Uniform Commercial Code have been satisfied, then, in the absence of notice to the Borrower or the Loan Registrar Company that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Company shall execute and deliver (through the Loan Registrar), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.612.14, the Borrower Company may require payment by the payment from the transferor holder applicable Purchaser of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 12.14 in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerCompany, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 12.14 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Note Purchase Agreement (Heron Therapeutics, Inc. /De/)
Mutilated, Destroyed, Lost and Stolen Notes. KL2 2787938.7
(a) If any mutilated Note is surrendered to the Loan RegistrarIndenture Trustee, the Borrower Issuer shall execute and the Indenture Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new replacement Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes Indenture Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, harmless then, in the absence of actual notice to the Borrower Issuer or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuer shall execute and deliver (through upon its request the Loan Registrar)Indenture Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new replacement Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) In case the final installment of principal on any such mutilated, destroyed, lost or stolen Note has become or will at the next Payment Date become due and payable, the Issuer in its discretion may, instead of issuing a replacement Note, pay such Note.
(d) Upon the issuance of any new replacement Note under this Section 15.62.5, the Borrower Issuer or the Indenture Trustee may require the payment from by the transferor holder Noteholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewithas a result of the issuance of such replacement Note.
(de) Every new replacement Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 2.5 in lieu of any destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(ef) The provisions of this Section 15.6 2.5 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture (Diamond Resorts Corp)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Loan RegistrarIndenture Trustee, or the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes (i) Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer and the Indenture Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderprotected purchaser, the Borrower shall Issuer will execute and upon its request the Indenture Trustee will authenticate and deliver (through in the Loan Registrarcase of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, series or class, tenor Expected Principal Payment Date, Legal Final Maturity Date and principal amount and Stated Principal Amount, bearing a number not contemporaneously outstandingOutstanding.
(b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under this Section 15.6Section, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Indenture Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall will constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall will be at any time enforceable by anyone, and shall will be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of the same series or class duly issued hereunder.
(e) The provisions of this Section 15.6 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture (Navistar Financial Dealer Note Master Trust)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Loan Indenture Trustee or the Note Registrar, or the Borrower shall execute and deliver (through Issuer, the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to Registrar or the Borrower and the Loan Registrar prior to the payment of the Notes (i) Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer, the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer, the Note Registrar or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderprotected purchaser (as defined in Article 8 of the UCC), the Borrower shall Issuer will execute and upon its request the Indenture Trustee will authenticate and deliver (through the Loan Registrar), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor Term Note Maturity Date and principal amount and Initial Principal Amount, bearing a number not contemporaneously outstandingOutstanding.
(b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note in full as provided hereunder.
(c) Upon the issuance of any new Note under this Section 15.64.05, the Borrower Issuer and the Indenture Trustee may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Indenture Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 4.05 in lieu of any destroyed, lost or stolen Note shall will constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall will be at any time enforceable by anyone, and shall will be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 4.05 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. If (ai) If any ------------------------------------------- - mutilated Note is surrendered to the Loan RegistrarTrustee, or the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Company and the Loan Registrar prior to the payment of the Notes (i) Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Company and the Trustee such security -- or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Company or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Company shall execute and deliver (through upon receipt of an Authentication Order the Loan Registrar)Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and amount, bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.6306, the Borrower Company ----------- may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 306 in lieu of any ----------- mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerCompany, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately ratably with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 306 are exclusive and shall preclude ----------- (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture (Dynatech Corp)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Company shall execute and the Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new Note of the same series and of like class and tenor and principal amount amount, and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Company and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security Note or indemnity as may be required by them to save each of them and any agent of either any of them harmless, then, in the absence of notice to the Borrower Company or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Company shall execute and deliver (through upon its request the Loan Registrar)Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of the same series and of like class, tenor and principal amount amount, and bearing a number not contemporaneously outstanding.
(c) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note.
(d) Upon the issuance of any new Note under this Section 15.6Section, the Borrower Company or the Trustee may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and its counsel) connected therewith.. Table of Contents
(de) Every new Note of any series issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerCompany, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of that series duly issued hereunder.
(ef) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture (Celgene Corp /De/)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Company shall execute and the Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new Note of the same series and of like class and tenor and principal amount amount, and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Company and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security Note or indemnity as may be required by them to save each of them and any agent of either any of them harmless, then, in the absence of notice to the Borrower Company or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Company shall execute and deliver (through upon its request the Loan Registrar)Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of the same series and of like class, tenor and principal amount amount, and bearing a number not contemporaneously outstanding.
(c) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note.
(d) Upon the issuance of any new Note under this Section 15.6Section, the Borrower Company or the Trustee may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and its counsel) connected therewith.
(de) Every new Note of either series issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerCompany, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of that series duly issued hereunder.
(ef) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture (Celgene Corp /De/)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarCompany, the Borrower Company shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and the same principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes Company (ia) evidence to their its satisfaction of the destruction, loss or theft of any Note Note, provided that in the case of a Purchaser, notice from such Purchaser shall be deemed satisfactory, and (iib) such security or indemnity as may be required by them the Company to save each of them it and any agent harmless, provided that in the case of either any Purchaser, such Purchaser’s unsecured agreement of them harmlessindemnity shall be deemed satisfactory, then, in the absence of notice to the Borrower or the Loan Registrar that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Company shall execute and deliver (through the Loan Registrar)deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of a like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or will, within 30 days, become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under pursuant to this Section 15.6Section, the Borrower Company may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerCompany, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarIssuer, the Borrower Issuer shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and the same principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes Issuer (ia) evidence to their its satisfaction of the destruction, loss or theft of any Note and (iib) such security or indemnity as may be required by them it to save each of them it and any agent harmless; PROVIDED, that if the Holder of either such Note is or is a nominee of them harmlessa Purchaser or another Holder with a minimum net worth of at least $50,000,000 million, then such Person's own unsecured agreement of indemnity shall be deemed to be satisfactory, then, in the absence of notice to the Borrower or the Loan Registrar that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuer shall execute and deliver (through the Loan Registrar)deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of a like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon the issuance of . In case any new such mutilated, destroyed, lost or stolen Note under this Section 15.6has become or is about to become due and payable, the Borrower Issuer in its discretion may, instead of issuing a new Note, pay such Note. No service charge shall be made for any registration of transfer or exchange of Notes, but the Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately connection with any and all other Notes duly issued hereunder.
(e) registration of transfer or exchange of Notes. The provisions of this Section 15.6 10.06 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarIssuer, the Borrower Issuer shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of the same series and of like class and tenor and maximum principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes Issuer (ix) evidence to their the Issuer's satisfaction of the destruction, loss or theft of any Note and (iiy) such security or indemnity as may be required by them to save each of them hold the Issuer and any agent of either of them its agents, including the Paying Agent and Note Registrar, harmless, then, in the absence of notice to the Borrower or the Loan Registrar Issuer that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuer shall execute and deliver (through the Loan Registrar)deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of the same series and of like class, tenor and Aggregate Outstanding Amount and maximum principal amount and bearing a number not contemporaneously outstanding.
; (cii) Upon in case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note; (iii) upon the issuance of any new Note under this Section 15.6Section, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Note Registrar) connected therewith.
; (div) Every every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
; (ev) The the provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Note Issuance and Purchase Agreement (On Deck Capital, Inc.)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Issuer shall execute and the Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuer shall execute and deliver (through the Loan Registrar)Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.63.08, the Borrower Issuer and/or Trustee may require payment by the payment from the transferor holder Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 3.08 in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture (Atlas Corp.)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Issuers shall execute and the Trustee, upon a Company Order, shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new Note of the same Series and of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower Issuers and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuers or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuers shall execute and deliver (through the Loan Registrar)Trustee, upon a Company Order, shall authenticate and make available for delivery, in lieu of any such destroyed, lost or stolen Note, a new Note of the same Series and of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuers in their discretion may, instead of issuing a new Note, pay such Note (cwithout surrender thereof except in the case of a mutilated Note) if the applicant for such payment shall furnish to the Issuers and the Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, and, in case of destruction, loss or theft, evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof. Upon the issuance of any new Note under this Section 15.6Section, the Borrower Issuers may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note of any Series issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuers, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of that Series duly issued hereunder.
(e) . The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) any and all other rights and remedies remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary, with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes, negotiable instruments or other securities.
Appears in 1 contract
Sources: Indenture (AerCap Holdings N.V.)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Loan Indenture Trustee or the Note Registrar, or the Borrower shall execute and deliver (through Issuer, the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to Registrar or the Borrower and the Loan Registrar prior to the payment of the Notes (i) Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer, the Note Registrar and the Indenture Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer, the Note Registrar or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderprotected purchaser, the Borrower shall Issuer will execute and upon its request the Indenture Trustee will authenticate and deliver (through in the Loan Registrarcase of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor Series, Class or Tranche, Scheduled Principal Payment Date, Legal Maturity Date and principal amount and Stated Principal Amount, bearing a number not contemporaneously outstandingOutstanding.
(b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under this Section 15.63.06, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Indenture Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 3.06 in lieu of any destroyed, lost or stolen Note shall will constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall will be at any time enforceable by anyone, and shall will be entitled to all the benefits of this Agreement Indenture equally and proportionately proportion- ately with any and all other Notes of the same Series, Class or Tranche duly issued hereunder.
(e) The provisions of this Section 15.6 3.06 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Company shall execute and the Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
Outstanding. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note, and (a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the Holder of such Note is, or is a nominee for, another Holder with a minimum net worth of at least $10,000,000, such Person’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or (b) If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence case of notice to the Borrower or the Loan Registrar that such Note has been acquired by a bona fide Lendermutilation, upon surrender and cancellation thereof, the Borrower Company at its own expense shall execute and deliver (through and the Loan RegistrarTrustee shall authenticate and deliver), in lieu of any such destroyed, lost or stolen Notethereof, a new Note of the same series of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Outstanding, dated and, in the case of a Note, bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon. Upon the issuance of any new Note under this Section 15.6Section, the Borrower Company may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, Company whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan Registrar, the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(ba) If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Registrar that such Note has been acquired by a bona fide Lender, the Borrower shall execute and deliver (through the Loan Registrar), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(cb) Upon the issuance of any new Note under this Section 15.6, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(dc) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(ed) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen Note.
Appears in 1 contract
Sources: Loan Financing and Servicing Agreement (SCP Private Credit Income BDC LLC)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Company shall execute execute, and deliver (through upon its written request the Loan Registrar) Trustee shall authenticate and make available for delivery, in exchange therefor for any such mutilated Note, a new Note containing identical provisions of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower Company and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their mutual satisfaction of the destruction, loss or theft of any Note and (ii) such security Note or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Company or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Company shall execute and deliver (through upon the Loan Registrar)Company's request the Trustee shall authenticate and make available for delivery, in lieu of any such destroyed, lost or stolen Note, a new Note containing identical provisions of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.6Section, the Borrower Company may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any such destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerCompany, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes Notes, as the case may be, duly issued hereunder.
(e) . The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture (Bank United Corp)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated or defaced Note is surrendered to the Loan Trustee, the Issuer or the Note Registrar, the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Issuer, the Note Registrar prior to the payment of the Notes (i) and Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer, the Note Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer, the Note Registrar or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderprotected purchaser, the Borrower Issuer shall execute and deliver (through upon its receipt of an Issuer Order, the Loan Registrar)Trustee shall authenticate and make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor interest rate and principal amount and amount, bearing a number not contemporaneously outstandingthen outstanding and registered in the same manner. If, after the delivery of such new Note, a protected purchaser of the original Note in lieu of which such new Note was issued presents for payment such original Note, the Issuer, the Trustee and the Note Registrar shall be entitled to recover such new Note from the Person to whom it was delivered or any Person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expenses incurred by the Issuer, the Trustee or the Note Registrar in connection therewith.
(b) Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer, upon satisfaction of the conditions set forth in clauses Section 2.14 and Section 2.14 of clause Section 2.14 hereof and subject to the prior written consent of the Central Bank of Brazil, may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under this Section 15.62.14, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge Tax that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, the Note Registrar, the Luxembourg Transfer Agent or any Authorized Agent reasonably incurred) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 2.14 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 2.14 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture
Mutilated, Destroyed, Lost and Stolen Notes. If (ai) If any ------------------------------------------- mutilated Note is surrendered to the Loan RegistrarTrustee, or the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuers and the Loan Registrar prior to the payment of the Notes (i) Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuers and the Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuers or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuers shall execute and deliver (through upon receipt of an Authentication Order the Loan Registrar)Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and amount, bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuers in their discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.6306, the Borrower Issuers ----------- may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 306 in lieu of any ----------- destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuers, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately ratably with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 306 are exclusive and shall preclude ----------- (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Issuers shall execute and the Trustee, upon receipt of an Authentication Order in accordance with Section 2.02 hereof, shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuers and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuers or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuers shall execute and deliver (through the Loan Registrar)Trustee, upon receipt of an Authentication Order in accordance with Section 2.02 hereof, shall authenticate and make available for delivery, in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuers in their discretion may, instead of issuing a new Note, pay such Note.
(d) Upon the issuance of any new Note under this Section 15.62.07, the Borrower Issuers may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(de) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 2.07 in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuers, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(ef) The provisions of this Section 15.6 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Company shall execute and the Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new Note of the same series and of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower Company and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Company or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Company shall execute and deliver (through the Loan Registrar)Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of the same series and of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.62.06, the Borrower Company may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note of any series issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 2.06 in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerCompany, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of such series duly issued hereunder.
(e) . The provisions of this Section 15.6 2.06 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarIndenture Trustee, the Borrower Issuer shall execute and the Indenture Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new replacement Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes Indenture Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, harmless then, in the absence of actual notice to the Borrower Issuer or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuer shall execute and deliver (through upon its request the Loan Registrar)Indenture Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new replacement Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) In case the final installment of principal on any such mutilated, destroyed, lost or stolen Note has become or will at the next Payment Date become due and payable, the Issuer, in its discretion, may, instead of issuing a replacement Note, pay such Note. KL2 3337076.6
(d) Upon the issuance of any new replacement Note under this Section 15.62.5, the Borrower Issuer or the Indenture Trustee may require the payment from by the transferor holder Noteholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewithas a result of the issuance of such replacement Note.
(de) Every new replacement Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 2.5 in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(ef) The provisions of this Section 15.6 2.5 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan Registrarapplicable Issuer, the Borrower such Issuer shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and the same principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes an Issuer (ia) evidence to their its satisfaction of the destruction, loss or theft of any Note issued by such Issuer and (iib) such security or indemnity as may be required by them such Issuer to save each of them it and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Registrar that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower such Issuer shall execute and deliver (through the Loan Registrar)deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of a like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, an Issuer in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under pursuant to this Section 15.62.8, the Borrower Issuer of such new Note may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 2.8 in lieu of any destroyed, lost or stolen Note shall shall, without duplication of the original Note, constitute an original additional contractual obligation of the BorrowerIssuer of such new Note, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 2.8 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Note and Unit Subscription Agreement (Carlyle Group L.P.)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1) any mutilated Note is surrendered to the Loan RegistrarTrustee, or (2) the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes (i) Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer and the Trustee such security or indemnity as may be required by them to save each of them and harmless from any agent of either of them harmlessclaim, loss, cost or liability resulting from such lost or stolen Note, then, in the absence of written notice to the Borrower Issuer or the Loan Registrar Trustee that such Note has been acquired by a bona fide LenderProtected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Borrower Issuer shall execute and deliver (through upon Issuer Order the Loan Registrar)Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and amount, bearing a number not contemporaneously outstanding.
(b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under this Section 15.63.06, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 3.06 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer and each Guarantor, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 3.06 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Issuer shall execute and the Trustee, upon a Company Order, shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new Note of the same Series and of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuer shall execute and deliver (through the Loan Registrar)Trustee, upon a Company Order, shall authenticate and make available for delivery, in lieu of any such destroyed, lost or stolen Note, a new Note of the same Series and of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note (cwithout surrender thereof except in the case of a mutilated Note) if the applicant for such payment shall furnish to the Issuer and the Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, and, in case of destruction, loss or theft, evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof. Upon the issuance of any new Note under this Section 15.62.09, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note of any Series issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 2.09 in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of that Series duly issued hereunder.
(e) . The provisions of this Section 15.6 2.09 are exclusive and shall preclude (to the extent lawful) any and all other rights and remedies remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary, with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes, negotiable instruments or other securities.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated but still clearly identifiable Note is surrendered to the Loan RegistrarIssuer, the Borrower Issuer shall execute and deliver (through to the Loan Registrar) Note Registrar for authentication in exchange therefor a new Note of like class and tenor and principal amount balance and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes Issuer (i) evidence to their the Issuer's satisfaction of the destruction, loss loss, mutilization beyond clear recognition or theft of any Note Note, and (ii) such security or and indemnity as may be reasonably required by them the Issuer and, pursuant to save each of them the Paying Agent Agreement, the Note Registrar holding the Issuer, the Note Registrar and any agent of either of them their agents harmless, then, in the absence of notice to the Borrower or the Loan Registrar Issuer that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuer shall execute and deliver (through to the Loan Registrar)Note Registrar for authentication, in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount balance and bearing a number not contemporaneously outstanding. The Issuer shall provide written direction to the Note Registrar to authenticate the new Note and to update the Note Register accordingly.
(b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under pursuant to this Section 15.64.7, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and shall require payment of any other expenses (including the fees and expenses of the Note Registrar) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 4.7 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 4.7 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Note Purchase Agreement (Western Alliance Bancorporation)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Loan RegistrarIndenture Trustee, or the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes (i) Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer and the Indenture Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderprotected purchaser, the Borrower Issuer shall execute and upon its request the Indenture Trustee shall authenticate and deliver (through in the Loan Registrarcase of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor Series or Class, Scheduled Final Payment Date, Legal Final Maturity Date and principal amount and Stated Principal Amount, bearing a number not contemporaneously outstandingOutstanding. 38 MASTER INDENTURE
(b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under this Section 15.6Section, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Indenture Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of the same Series or Class duly issued hereunder.
(e) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. If (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, or the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuers and the Loan Registrar prior to the payment of the Notes (i) Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (iib) there is delivered to the Issuers and the Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuers or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuers shall execute and deliver (through upon receipt of an Authentication Order the Loan Registrar)Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and amount, bearing a number not contemporaneously outstanding.
(c) Outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuers in their discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.63.06, the Borrower Issuers may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 3.06 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuers, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately ratably with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 3.06 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture (Triarc Companies Inc)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan Registrar, the Borrower The Issuer shall execute and deliver (through to the Loan Registrar) Trustee definitive Notes in exchange therefor a new Note of like class such amounts and tenor at such times as to enable the Trustee to fulfill its responsibilities under this Indenture and principal amount and bearing a number not contemporaneously outstandingthe Notes.
(b) If there The Trustee shall, in accordance with any terms and conditions set forth in the Notes, and upon provision of evidence satisfactory to the Trustee and to the Issuer that any Note was mutilated, destroyed, lost or stolen, together with such indemnity as the Trustee and the Issuer may require to hold each of them harmless, authenticate and deliver from time to time such Notes in exchange for or in lieu of such Notes that become mutilated, destroyed, lost or stolen. Each Note delivered in exchange for or in lieu of any other Note shall carry all the rights to interest (including rights to accrued and unpaid interest and Additional Amounts) that were carried by such other Note.
(c) All Notes surrendered for payment, transfer or exchange shall be delivered to the Borrower Trustee. The Trustee shall cancel and the Loan Registrar prior destroy all such Notes surrendered for payment, transfer or exchange, in accordance with its security destruction policy, and shall, upon written request, deliver a certificate of destruction to the payment of the Notes Issuer.
(id) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Registrar that such Note has been acquired by a bona fide Lender, the Borrower shall execute and deliver (through the Loan Registrar), in lieu of In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstandingpay such Note.
(ce) Upon the issuance of any new Note under this Section 15.63.5, the Borrower Issuer may require from the relevant Holder the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected (including the fees and expenses of the Trustee) in connection therewith.
(df) Every new Note of any Series issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 3.5 in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of that Series duly issued hereunder.
(eg) The provisions of this Section 15.6 3.5 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan Note Registrar, the Borrower shall execute and deliver (through the Loan Note Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(ba) If there shall be delivered to the Borrower and the Loan Note Registrar prior to the payment of the Notes (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Note Registrar that such Note has been acquired by a bona fide Lender, the Borrower shall execute and deliver (through the Loan Note Registrar), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(cb) Upon the issuance of any new Note under this Section 15.6, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.. USActive 31637433.35 -131-
(dc) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(ed) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen Note.
Appears in 1 contract
Sources: Loan Financing and Servicing Agreement (FS KKR Capital Corp)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Loan RegistrarIndenture Trustee, or the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes (i) Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer and the Indenture Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderprotected purchaser, the Borrower Issuer shall execute and upon its request the Indenture Trustee shall authenticate and deliver (through in the Loan Registrarcase of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor Series or Class, Scheduled Final Payment Date, Legal Final Maturity Date and principal amount and Stated Principal Amount, bearing a number not contemporaneously outstandingOutstanding.
(b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under this Section 15.6Section, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Indenture Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of the same Series or Class duly issued hereunder.
(e) The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarAgent, the Borrower shall execute and deliver (through the Loan RegistrarAgent) in exchange therefor a new Note of like class type and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Registrar Agent prior to the payment of the Notes (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Registrar Agent that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower shall execute and deliver (through the Loan RegistrarAgent), in lieu of any such destroyed, lost or stolen Note, a new Note of like classtype, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon the issuance of any new Note under this Section 15.616.6, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 16.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 16.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Receivables Financing Agreement (MFN Financial Corp)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If Section 3.6(c), Section 3.6(d) and Section 3.6(f) of the Base Indenture shall be superseded in their entirety by Section 3.05(b), and any mutilated Note is surrendered reference in the Base Indenture to the Loan Registrarsuch Section 3.6(c), the Borrower Section 3.6(d) or Section 3.6(f) shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstandingbe deemed to refer instead to Section 3.05(b).
(b) If there No service charge shall be delivered imposed by the Company, the Trustee, the Security Registrar or the Paying Agent upon the issuance of any substitute Note as provided in Section 3.6 of the Base Indenture, but the Company may require a Holder to pay a sum sufficient to cover any documentary, stamp or similar issue or transfer tax required in connection therewith as a result of the Borrower and name of the Loan Registrar prior Holder of the new substitute Note being different from the name of the Holder of the old Note that became mutilated or was destroyed, lost or stolen. In case any Note that has matured or is about to mature or has been surrendered for required repurchase or is about to be converted in accordance with Article 12 shall become mutilated or be destroyed, lost or stolen, the Company may, in its sole discretion, instead of issuing a substitute Note, pay or authorize the payment of or convert or authorize the Notes (i) evidence to their satisfaction conversion of the destructionsame (without surrender thereof except in the case of a mutilated Note), loss as the case may be, if the applicant for such payment or theft of any Note and (ii) conversion shall furnish to the Company, to the Trustee and, if applicable, to such authenticating agent such security or indemnity as may be required by them to save each of them and harmless for any agent of either of them harmlessloss, thenliability, cost or expense caused by or connected with such substitution, and, in the absence every case of notice destruction, loss or theft, evidence satisfactory to the Borrower Company, the Trustee and, if applicable, any Paying Agent or Conversion Agent, of the Loan Registrar that destruction, loss or theft of such Note has been acquired by a bona fide Lender, the Borrower shall execute and deliver (through the Loan Registrar), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon the issuance of any new Note under this Section 15.6, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrowerownership thereof. To the extent permitted by law, whether or not the destroyed, lost or stolen Note all Notes shall be at any time enforceable by anyone, held and shall be entitled to all owned upon the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) The express condition that the foregoing provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement replacement, payment, conversion or payment repurchase of a mutilated, destroyed, lost or stolen NoteNotes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement, payment, conversion or repurchase of negotiable instruments or other securities without their surrender.
Appears in 1 contract
Sources: First Supplemental Indenture (Atlas Air Worldwide Holdings Inc)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Loan RegistrarIndenture Trustee, or the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes (i) Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer and the Indenture Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderprotected purchaser, the Borrower shall Issuer will execute and upon its request the Indenture Trustee will authenticate and deliver (through in the Loan Registrarcase of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor series, class or tranche, Expected Principal Payment Date, Legal Maturity Date and principal amount and Stated Principal Amount, bearing a number not contemporaneously outstandingOutstanding.
(b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under this Section 15.6Section, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Indenture Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall will constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall will be at any time enforceable by anyone, and shall will be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of the same series, class or tranche duly issued hereunder.
(e) The provisions of this Section 15.6 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture (BA Credit Card Trust)
Mutilated, Destroyed, Lost and Stolen Notes. (ai) If any mutilated Note is surrendered to the Loan RegistrarIssuer, the Borrower Issuer shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and the same principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes Issuer (ia) evidence to their its satisfaction of the destruction, loss or theft of any Note and (iib) such security or indemnity as may be required by them it to save each of them it and any agent of either of them the Purchasers harmless, then, in the absence of notice to the Borrower or the Loan Registrar that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuer shall execute and deliver (through the Loan Registrar)deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of a like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(cii) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note.
(iii) Upon the issuance of any new Note under pursuant to this Section 15.62.4(d), the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(div) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 2.4(d) in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(ev) The provisions of this Section 15.6 2.4(d) are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Note Purchase Agreement (Inspired Entertainment, Inc.)
Mutilated, Destroyed, Lost and Stolen Notes. (ab) If (i) any mutilated Note is surrendered to the Loan RegistrarAgent, or the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes (i) Agent receives evidence to their its satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Agent such security or indemnity as it and the Issuer may be required by them require to save each hold the Issuer and the Agent harmless (the unsecured indemnity of them and any agent of either of them harmlessa Rated Institutional Noteholder being deemed satisfactory for such purpose), then, in then the absence of notice to the Borrower or the Loan Registrar that such Note has been acquired by a bona fide Lender, the Borrower Issuer shall execute and deliver (through the Loan Registrar)Issuer shall deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a replacement Note of the same maturity and of like terms as the mutilated, destroyed, lost or stolen Note; provided, however, that if any such destroyed, lost or stolen Note, but not a new Note of like classmutilated Note, tenor shall have become, or within seven days shall be, due and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon the issuance of any new Note under this Section 15.6payable, or shall have been called for redemption, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any pay such destroyed, lost or stolen Note shall constitute an original additional contractual obligation when so due or payable instead of issuing a replacement Note.
(a) If, after the Borrowerdelivery of such replacement Note, whether or not the payment of a destroyed, lost or stolen Note shall be at any time enforceable by anyonepursuant to the proviso to the preceding sentence, a bona fide purchaser of the original Note in lieu of which such replacement Note was issued presents for payment such original Note, the Issuer and the Agent shall be entitled to all recover upon the security or indemnity provided therefore to the extent of any loss, damage, cost or expense incurred by the Issuer or the Agent in connection therewith.
(b) The Agent may, for each new Note delivered under the provisions of this Section 205, require the advance payment by the Noteholder of the expenses, including counsel fees, service charges and any tax or governmental charge which may be incurred by the Agent. Any Note issued under the provisions of this Section 206 in lieu of any Note alleged to be destroyed, mutilated, lost or stolen, shall be equally and proportionately entitled to the benefits of this Loan Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) Notes. The provisions of this Section 15.6 206 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Loan Agreement (Cronos Group)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Loan Indenture Trustee or the Note Registrar, or the Borrower shall execute and deliver (through Issuer, the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to Registrar or the Borrower and the Loan Registrar prior to the payment of the Notes (i) Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer, the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer, the Note Registrar or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderprotected purchaser, the Borrower shall Issuer will execute and upon its request the Indenture Trustee will authenticate and deliver (through in the Loan Registrarcase of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor Series, Class or Tranche, Expected Final Payment Date, Legal Maturity Date and principal amount and Stated Principal Amount, bearing a number not contemporaneously outstandingOutstanding.
(b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under this Section 15.64.06, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Indenture Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 4.06 in lieu of any destroyed, lost or stolen Note shall will constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall will be at any time enforceable by anyone, and shall will be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of the same Series, Class or Tranche duly issued hereunder.
(e) The provisions of this Section 15.6 4.06 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Trust Indenture
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered Section 3.6(c), Section 3.6(d) and Section 3.6(f) of the Base Indenture shall, with respect to the Loan RegistrarNotes, be superseded in their entirety by Section 3.05(b), and any reference in the Borrower shall execute and deliver (through Base Indenture to such Section 3.6(c), Section 3.6(d) or Section 3.6(f) shall, with respect to the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstandingNotes, be deemed to refer instead to Section 3.05(b).
(b) If there No service charge shall be delivered imposed by the Company, the Trustee, the Security Registrar or the Paying Agent upon the issuance of any substitute Note as provided in Section 3.6 of the Base Indenture, but the Company may require a Holder to pay a sum sufficient to cover any documentary, stamp or similar issue or transfer tax required in connection therewith as a result of the Borrower and name of the Loan Registrar prior Holder of the new substitute Note being different from the name of the Holder of the old Note that became mutilated or was destroyed, lost or stolen. In case any Note that has matured or is about to mature or has been surrendered for required repurchase or is about to be converted in accordance with Article 12 shall become mutilated or be destroyed, lost or stolen, the Company may, in its sole discretion, instead of issuing a substitute Note, pay or authorize the payment of or convert or authorize the Notes (i) evidence to their satisfaction conversion of the destructionsame (without surrender thereof except in the case of a mutilated Note), loss as the case may be, if the applicant for such payment or theft of any Note and (ii) conversion shall furnish to the Company, to the Trustee and, if applicable, to such authenticating agent such security or indemnity as may be required by them to save each of them and harmless for any agent of either of them harmlessloss, thenliability, cost or expense caused by or connected with such substitution, and, in the absence every case of notice destruction, loss or theft, evidence satisfactory to the Borrower Company, the Trustee and, if applicable, any Paying Agent or Conversion Agent, of the Loan Registrar that destruction, loss or theft of such Note has been acquired by a bona fide Lender, the Borrower shall execute and deliver (through the Loan Registrar), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon the issuance of any new Note under this Section 15.6, the Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrowerownership thereof. To the extent permitted by law, whether or not the destroyed, lost or stolen Note all Notes shall be at any time enforceable by anyone, held and shall be entitled to all owned upon the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) The express condition that the foregoing provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement replacement, payment, conversion or payment repurchase of a mutilated, destroyed, lost or stolen NoteNotes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement, payment, conversion or repurchase of negotiable instruments or other securities without their surrender.
Appears in 1 contract
Sources: Second Supplemental Indenture (Atlas Air Worldwide Holdings Inc)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan Trustee or the Registrar, the Borrower Issuer shall execute execute, and deliver (through the Loan Registrar) Trustee, upon receipt of an Issuer Order and such security or indemnity as may be required by the Trustee, Registrar and the Issuer to save each of them and any agent of theirs harmless, shall authenticate and deliver, in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstandingOutstanding, or, in case any such mutilated Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuer shall execute execute, and deliver (through the Loan Registrar)Trustee, upon receipt of an Issuer Order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstandingOutstanding, or, in case any such destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note.
(c) Upon the issuance of any new Note under this Section 15.6308, the Borrower Issuer may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 308 in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes Notes, duly issued hereunder.
(e) The provisions of this Section 15.6 308 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture (Calpine Corp)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarAgent, the Borrower shall execute and deliver (through the Loan RegistrarAgent) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Registrar Agent prior to the payment of the Notes (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Registrar Agent that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower shall execute and deliver (through the Loan Registrar--------- Agent), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon the issuance of any new Note under this Section 15.616.6, the ------------ Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 16.6 and in accordance ------------ with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 16.6 are exclusive and shall preclude ------------ (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Receivables Financing Agreement (Americredit Financial Services of Canada LTD)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarAgent, the Borrower shall execute and deliver (through the Loan RegistrarAgent) in exchange therefor a new Note of like class type and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Registrar Agent prior to the payment of the Notes (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Registrar Agent that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower --------- shall execute and deliver (through the Loan RegistrarAgent), in lieu of any such destroyed, lost or stolen Note, a new Note of like classtype, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) Upon the issuance of any new Note under this Section 15.616.6, the ------------ Borrower may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 16.6 and in ------------ accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Borrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Notes duly issued hereunder.
(e) The provisions of this Section 15.6 16.6 are exclusive and shall ------------ preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Company shall execute execute, and deliver (through upon its written request the Loan Registrar) Trustee shall authenticate and make available for delivery, in exchange therefor for any such mutilated Note, a new Note containing identical provisions of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower Company and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their mutual satisfaction of the destruction, loss or theft of any Note and (ii) such security Note or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Company or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Company shall execute and deliver (through upon the Loan Registrar)Company's request the Trustee shall authenticate and make available for delivery, in lieu of any such destroyed, lost or stolen Note, a new Note containing identical provisions of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.6Section, the Borrower Company may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new 2004 or 2007 Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any such destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerCompany, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other 2004 Notes or 2007 Notes, as the case may be, duly issued hereunder.
(e) . The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture (Bank United Corp)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Issuers shall execute and the Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new Note of the same series and of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower Issuers and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuers or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuers shall execute and deliver (through the Loan Registrar)Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of the same series and of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuers in their discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.62.06, the Borrower Issuers may require the payment from the transferor holder of a sum sufficient to cover any tax or taxor other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note of any series issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 2.06 in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuers, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes of such series duly issued hereunder.
(e) . The provisions of this Section 15.6 2.06 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarIndenture Trustee, the Borrower Issuer shall execute and the Indenture Trustee shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new replacement Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes Indenture Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each 10
(c) In case the final installment of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Registrar that such Note has been acquired by a bona fide Lender, the Borrower shall execute and deliver (through the Loan Registrar), in lieu of principal on any such mutilated, destroyed, lost or stolen Note has become or will at the next Payment Date become due and payable, the Issuer, in its discretion, may, instead of issuing a replacement Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstandingpay such Note.
(cd) Upon the issuance of any new replacement Note under this Section 15.62.5, the Borrower Issuer or the Indenture Trustee may require the payment from by the transferor holder Noteholder of a sum sufficient to cover any tax Tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewithas a result of the issuance of such replacement Note.
(de) Every new replacement Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 2.5 in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(ef) The provisions of this Section 15.6 2.5 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture (BBX Capital Corp)
Mutilated, Destroyed, Lost and Stolen Notes. If (a1) If any mutilated Note is surrendered to the Loan RegistrarTrustee, or (2) the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower Co-Issuers and the Loan Registrar prior to the payment of the Notes (i) Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Co-Issuers and the Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Co-Issuers or the Loan Registrar Trustee that such Note has been acquired by a bona fide LenderProtected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Borrower Co-Issuers shall execute and deliver (through upon Company Order the Loan Registrar)Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and amount, bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Co-Issuers in their discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.6Section, the Borrower Co-Issuers may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerCo-Issuers and each Guarantor, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture (Telesat Canada)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Loan Indenture Trustee or the Note Registrar, or the Borrower shall execute and deliver (through Issuer, the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to Registrar or the Borrower and the Loan Registrar prior to the payment of the Notes (i) Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (iii) there is delivered to the Issuer, the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer, the Note Registrar or the Loan Registrar Indenture Trustee that such Note has been acquired by a bona fide Lenderprotected purchaser, the Borrower shall execute Issuer may execute, and, upon receipt of the documents required by Section 6.3, together with an Issuer’s Certificate, the Indenture Trustee will authenticate and deliver (through the Loan Registrar)deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classtenor, tenor Series or Class, Stated Maturity Date and principal amount and Initial Note Balance, bearing a number not contemporaneously outstandingOutstanding.
(b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note on a Payment Date in accordance with Section 4.5.
(c) Upon the issuance of any new Note under this Section 15.6Section, the Borrower Issuer, the Indenture Trustee, or the Note Registrar may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Indenture Trustee) connected therewith.
(d) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any mutilated, destroyed, lost or stolen Note shall will constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the mutilated, destroyed, lost or stolen Note shall will be at any time enforceable by anyone, and shall will be entitled to all the benefits of this Agreement Base Indenture equally and proportionately with any and all other Notes of the same Series or Class duly issued hereunder.
(e) The provisions of this Section 15.6 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. If (ai) If ------------------------------------------- any mutilated Note is surrendered to the Loan Registrar, Co-Issuers or (ii) the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes (i) Co-Issuers receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Co-Issuers such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower or the Loan Registrar Co-Issuers that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Co-Issuers shall execute and deliver (through the Loan Registrar)deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount amount. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and bearing payable, the Co-Issuers in their discretion may, instead of issuing a number not contemporaneously outstanding.
(c) new Note, pay such Note. Upon the issuance of any new Note under this Section 15.67.05, the Borrower Co- Issuers may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 7.05 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional joint and several contractual obligation of the BorrowerCo-Issuers, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all benefits to which the benefits of this Agreement Holders are entitled, equally and proportionately with the Holders of any and all other Notes duly issued hereunder.
(e) and outstanding. The provisions of this Section 15.6 7.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Note Agreement (Merisel Inc /De/)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (I) any mutilated Note is surrendered to the Loan RegistrarIndenture Trustee directly or through any Paying Agent or (II) in the case of an alleged destroyed, lost or stolen Note, the Borrower shall execute and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Borrower and the Loan Registrar prior to the payment of the Notes (i) Indenture Trustee receives evidence to their its satisfaction of the destruction, loss or theft of any the Note and (ii) there is delivered to the Indenture Trustee, the Registrar and the Company such security or indemnity as may be required by them the Indenture Trustee, the Registrar and the Company to save each of them the Indenture Trustee, the Registrar and any agent of either of them the Company harmless, then, then in either case the absence of notice to the Borrower or the Loan Registrar that such Note has been acquired by a bona fide Lender, the Borrower Company shall execute and deliver (through the Loan Registrar)Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like classthe same series, maturity, tenor and principal amount and as such mutilated, destroyed, lost or stolen Note, bearing a number not contemporaneously outstanding; provided, however, that if any such mutilated, destroyed, lost or stolen Note shall have become or shall be about to become due and payable, instead of issuing a new Note, the Company may pay such Note without surrender of such Note, except that any mutilated Note shall be surrendered.
(cb) Upon the issuance of any new Note Note, under this Section 15.62.09, the Borrower Indenture Trustee or the Company may require the payment from the transferor holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Indenture Trustee, Registrar or any Paying Agent) connected therewith.
(dc) Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual a separate obligation of the BorrowerCompany, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Loan RegistrarTrustee, the Borrower Issuer shall execute and the Trustee, upon Company Order, shall authenticate and deliver (through the Loan Registrar) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) . If there shall be delivered to the Borrower Issuer and the Loan Registrar prior to the payment of the Notes Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Borrower Issuer or the Loan Registrar Trustee that such Note has been acquired by a bona fide Lenderpurchaser, the Borrower Issuer shall execute and deliver (through the Loan Registrar)Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section 15.63.09, the Borrower Issuer may require payment by the payment from the transferor holder Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.
(d) . Every new Note issued pursuant to this Section 15.6 and in accordance with the provisions of this Agreement, 3.09 in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the BorrowerIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement Indenture equally and proportionately with any and all other Notes duly issued hereunder.
(e) . The provisions of this Section 15.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NoteNotes.
Appears in 1 contract
Sources: Indenture (Amarin Corp Plc\uk)