Common use of Mutilated, Destroyed, Lost and Stolen Notes Clause in Contracts

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer and the Trustee such security and/or indemnity to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Note, then, in the absence of written notice to the Issuer or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Issuer shall execute and upon Issuer Order the 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 tenor and principal amount, 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. Upon the issuance of any new Note under this Section, the Issuer may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer 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 benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1i) any mutilated Note is surrendered to the Trustee, or (2ii) the Issuer Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Company and the Trustee such security and/or or indemnity as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteharmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Company Order the 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 tenor and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this SectionSection 308, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and shall require the payment of a sum sufficient to pay any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section 308 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section 308 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (1) If (1i) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, Note and (ii) there is delivered to the Issuer Company and the Trustee such security and/or or indemnity as may be required by them to save each of them harmless from any claim, loss, cost liability or liability resulting from expense that they may suffer if such lost Note is replaced and subsequently presented or stolen Noteotherwise claimed for payment, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined protected purchaser, the Company may in Section 8-303 its discretion execute and, upon request of the Uniform Commercial Code) (a “Protected Purchaser”)Company, the Issuer shall execute and upon Issuer Order the Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor tenor, series, Maturity Date, and principal amount, bearing a number not contemporaneously outstanding. . (2) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Note, pay such Note. . (3) Upon the issuance of any new Note under this SectionSection 2.05, the Issuer Company may require the payment by the 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. . (4) Every new Note issued pursuant to this Section 2.05 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. . (5) The provisions of this Section 2.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of the same series and Tranche and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order the 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 the same series and Tranche and of like tenor and principal amount, amount and bearing a number not contemporaneously outstanding. In 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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. Every new Note of any series, or any Tranche thereof, issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes of that series and Tranche duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1i) any mutilated Note is surrendered to the Trustee, or (2ii) the Issuer Issuers and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Issuers and the Trustee such security and/or or indemnity as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteharmless, then, in the absence of written notice to the Issuer Issuers or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Issuers shall execute and upon Issuer Order the 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 tenor and principal amount, 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 payablepayable or has been properly tendered for repurchase on a Fundamental Change Repurchase Date (and not withdrawn), as the case may be, or is to be exchanged pursuant to this Indenture, shall become mutilated or be destroyed, lost or stolen, the Issuer may, instead of issuing a substitute Note, the Issuers in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Issuers may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer 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 benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (1) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (2) such security and/or or indemnity as may be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)protected purchaser, the Issuer Company shall execute and upon Issuer Order the 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 tenor and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each Guarantor, Company 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 the Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company and the Guarantors shall execute, and the Trustee receive shall authenticate and deliver in exchange therefor a new Note (including the accompanying Guarantees) of like tenor, principal amount and Stated Maturity and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save hold each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company and the Guarantors shall execute and upon Issuer Order its request the 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 tenor tenor, principal amount and principal amount, Stated Maturity and bearing a number not contemporaneously outstanding. If after the delivery of such new Note, a bona fide purchaser of the original Note in lieu of which such new Note was issued presents for payment such original Note, the Company and the Trustee shall be entitled to recover such new Note from the person to whom it was delivered or any transferee thereof, except a bona fide purchaser of such new Note, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Company or the Trustee in connection therewith. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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. Every Except as provided above, every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer Company and each Guarantorthe Guarantors, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1i) any mutilated Note is surrendered to the Trustee, or (2ii) the Issuer Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Company and the Trustee such security and/or or indemnity as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteharmless, then, in the absence of written actual notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order the 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 tenor and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany and, pursuant to the Note Guarantees, the Subsidiary Guarantors, 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 of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them and any agent of either of them harmless from any claim, loss, cost or liability resulting from and such lost or stolen Noteother reasonable requirements as may be imposed by the Company as permitted by Section 8-405 of the Uniform Commercial Code have been satisfied, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order the 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 tenor and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this SectionSection 2.09, the Issuer Company may require payment by the payment 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. Every new Note issued pursuant to this Section 2.09 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section 2.09 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously Outstanding. If there shall be delivered to the Company and the Trustee (a) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (b) such security and/or Note or indemnity as may be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)protected purchaser, the Issuer Company shall execute and upon Issuer Order the 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 tenor and principal amount, amount and bearing a number not contemporaneously outstandingOutstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Note, pay such Note. If exchanges of Notes pursuant to this Section 3.5 are done in Luxembourg, such exchanges will be exchanged by the Trustee via the Luxembourg Agent. Upon the issuance of any new Note under this SectionSection 3.5, the Issuer Company may require the payment 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. Every new Note issued pursuant to this Section 3.5 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section 3.5 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute, and the Trustee receive shall authenticate and deliver in exchange herefor a new Note of like tenor, principal amount and Stated Maturity and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save hold each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order its request the 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 tenor tenor, principal amount and principal amount, Stated Maturity and bearing a number not contemporaneously outstanding. If after the delivery of such new Note, a bona fide purchaser of the original Note in lieu of which such new Note was issued presents for payment such original Note, the Company and the Trustee shall be entitled to recover such new Note from the person to whom it was delivered or any transferee thereof, except a bona fide purchaser of such new Note, and shall be entitled to recover upon the security or indemnity provided herefor to the extent of any loss, damage, cost or expense incurred by the Company or the Trustee in connection therewith. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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. Every Except as provided above, every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, Trustee or (2) the Issuer Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Company and the Trustee such security and/or or indemnity as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteharmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Company Order the 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 tenor and principal amount, bearing a number not contemporaneously outstandingOutstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1i) any mutilated Note is surrendered to the Trustee, or (2ii) the Issuer Issuers and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Issuers and the Trustee such security and/or or indemnity as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteharmless, then, in the absence of written notice to the Issuer Issuers or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Issuers shall execute and upon Issuer Order the 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 tenor and principal amount, 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 Issuers in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Issuers may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer Issuers and each Subsidiary 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 benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously Outstanding. If there shall be delivered to the Company and the Trustee (1) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (2) such security and/or or indemnity as may be required by each of them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)protected purchaser, the Issuer Company shall execute and upon Issuer Order the 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 tenor and principal amount, amount and bearing a number not contemporaneously outstandingOutstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each Guarantor, Company 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding, or, in case any such mutilated 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. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Company Order the 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 tenor and principal amount, amount and bearing a number not contemporaneously outstanding. In , or, in case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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 in connection therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Issuer Company and each Guarantorany other obligor upon the Notes, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1i) any mutilated or defaced Note is surrendered to the Indenture Trustee, or (2) the Issuer and the Note Registrar and the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (ii) there is delivered to the Issuer Issuer, the Note Registrar and the Indenture Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security and/or or indemnity as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteharmless, then, in the absence of written notice to the Issuer Issuer, the Note Registrar or the Indenture Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Issuer shall execute execute, and upon an Issuer Order the Indenture Trustee shall authenticate authenticate, and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor tenor, interest rate and principal amount, bearing a number not contemporaneously outstandingthen outstanding and registered in the same manner. In 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 and the Indenture Trustee shall be entitled to recover such new Note from the Person to whom it was delivered or any Person taking therefrom, except a Protected 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 or the Indenture Trustee 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 Issuer, upon satisfaction of the conditions set forth in its discretion clauses (i) and (ii) of paragraph (a) hereof may, instead of issuing a new Note, pay such Note. . (c) Upon the issuance of any new Note under this SectionSection 2.14, the Issuer or the Indenture Trustee may require the payment from the Noteholder of a sum sufficient to cover any tax or other governmental charge Tax that may be imposed in relation thereto and any other expenses thereto. (including the fees and expenses of the Trusteed) connected therewith. Every new Note issued pursuant to this Section 2.14 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorIssuer, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. . (e) The provisions of this Section 2.14 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer and the Trustee such security and/or or indemnity to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Note, then, in the absence of written notice to the Issuer or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Issuer shall execute and upon Issuer Order the 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 tenor and principal amount, bearing a number not contemporaneously outstandingOutstanding. 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, the Issuer may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer 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 benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Issuers and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Issuers and the Trustee such security and/or or indemnity as may be required to save each protect the Issuers, the Trustee and any Authenticating Agent or other agent of the Issuers or the Trustee from any loss that any of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Notemay suffer if a Note is replaced, then, in the absence of written notice to the Issuer Issuers or the Trustee that such Note has been acquired by a Protected Purchaser protected purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Issuer Issuers shall execute and upon Issuer its receipt of an Issuers' Order the 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 tenor and principal amount, 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 Issuers in its their discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Issuers may require the payment of a sum sufficient to cover any transfer tax or other similar governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewithin replacing a Note. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorIssuers, 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 of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1i) any mutilated Note is surrendered to the Indenture Trustee, or (2) the Issuer and the Indenture Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, and (ii) there is delivered to the Issuer and the Indenture Trustee such security and/or or indemnity as it and the Issuer may require to save each hold the Issuer, the Servicer and the Indenture Trustee harmless (the unsecured indemnity, in form and substance satisfactory to the Indenture Trustee, of them harmless from any claima Rated Institutional Noteholder with a net worth of at least $100,000,000 and such net worth being at least two and one-half times the outstanding amount of such destroyed, loss, cost or liability resulting from such lost or stolen Note, then, in the absence of written notice to the Issuer or the Trustee that Note being deemed satisfactory for such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”purpose), then the Issuer shall execute and upon Issuer Order the Indenture Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such mutilated, destroyed, lost or stolen Note, a replacement Note of the same Series, and with like maturity and other 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 tenor mutilated Note, shall have become, or within seven days shall be, due and principal amountpayable, bearing a number not contemporaneously outstanding. In case any or shall have been called for redemption, the Issuer may pay such mutilated, destroyed, lost or stolen Note has become when so due or is about to become due and payable, the Issuer in its discretion may, payable instead of issuing a new replacement Note. (b) If, after the delivery of such replacement Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer may require the or payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an pursuant to the proviso to the preceding paragraph, a bona fide purchaser of the original additional contractual obligation Note in lieu of which such replacement Note was issued presents for payment such original Note, the Issuer and each Guarantor, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and Indenture Trustee shall be entitled to all recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Issuer or the Indenture Trustee in connection therewith. (c) The Indenture Trustee and the Issuer may, for each new Note authenticated and delivered to a Noteholder under the provisions of this Section 2.06, require the advance payment by each such Noteholder of the expenses, including counsel fees, service charges and any tax or governmental charge which may be incurred by the Indenture Trustee or the Issuer in connection with the issuance, authentication and delivery of such new Note. Any Note issued under the provisions of this Section 2.06 in lieu of any Note alleged to be destroyed, mutilated, lost or stolen, shall be equally and proportionately entitled to the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunderof the same Series. The provisions of this Section 2.06 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefore a new Note and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (1) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (2) such security and/or or indemnity as shall be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)protected purchaser, the Issuer Company shall execute and upon Issuer Order the 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 and of like tenor and principal amount, having the Guarantees noted therein, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this SectionSection 210, the Issuer Company may require the payment 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 counsel to the TrusteeCompany and the fees and expenses of the Trustee and its counsel) connected therewith. Every new Note issued pursuant to this Section 210 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer Company and each Guarantorthe respective Guarantors, 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 Indenture equally and proportionately with any and all other Notes and Guarantees duly issued hereunder. The provisions of this Section 210 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1i) any mutilated Note is surrendered to the Trustee, or (2ii) the Issuer Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Company and the Trustee such security and/or or indemnity as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteharmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)protected purchaser, the Issuer Company shall execute and upon Issuer Company Order the 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 tenor and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each Company, and, pursuant to the Guarantee, the 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 benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of like tenor and Principal Amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save hold each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order the 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 tenor and principal amount, 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 payablepayable or has been called for redemption in full, the Issuer Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this SectionSection 2.08, the Issuer Company may require payment by the payment 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. Every new Note issued pursuant to this Section 2.08 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Company and the Trustee such security and/or or indemnity as may be required to save each protect the Company, the Trustee and any Authenticating Agent or other agent of the Company or the Trustee from any loss that any of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Notemay suffer if a Note is replaced, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser protected purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Issuer Company shall execute and upon Issuer its receipt of a Company Order the 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 tenor and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment of a sum sufficient to cover any transfer tax or other similar governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewithin replacing a Note. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the TrusteeCompany, or the Company shall execute and deliver in exchange therefor a new Notes of the same principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company (2a) the Issuer and the Trustee receive evidence to their its satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (b) such security and/or or indemnity as may be required by then to save each of them harmless from it and any claim, loss, cost or liability resulting from such lost or stolen Noteagent harmless, then, in the absence of written notice to the Issuer or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order the 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 a like tenor principal amount and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture Agreement equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note (together, in the case of Bearer Notes, with all unmatured Coupons (if any) appertaining thereto) is surrendered to the Trustee, or (2) the Issuer Obligors shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of the same Series and Class, of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Obligors and the Trustee, (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save hold each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of any of them harmless, then, in the absence of written notice to the Issuer Obligors, the Trustee or the Trustee Support Provider that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Obligors shall execute and upon Issuer Order its request the Trustee shall authenticate and delivermake available for delivery (in the case of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated mutilated, destroyed, lost or stolen Note, a new Note or (of the same Series and Class), in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount, 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 Obligors in its their discretion may, instead of issuing a new Note, cause the Trustee to pay such Note by depositing with the Trustee the full amount needed to pay such Note. Upon the issuance of any new Note under this Section, the Issuer Obligors or the Trustee may require the payment 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. Every new Note of any Series issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorObligors, 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 Indenture Master Agreement and the related Series Supplement equally and proportionately with any and all other Notes of the same Series duly issued hereunderhereunder and under the related Series Supplement. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1i) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (ii) there is delivered to the Issuer Company and the Trustee such security and/or or indemnity as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteharmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)protected purchaser, the Issuer Company shall execute and upon Issuer Order its request the Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of like tenor and Principal ▇▇▇▇▇▇ and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order the 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 tenor and principal amount, Principal ▇▇▇▇▇▇ 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 payablepayable or has been called for redemption in full, the Issuer Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this SectionSection 2.08, the Issuer Company may require payment by the payment 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. Every new Note issued pursuant to this Section 2.08 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes Note duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any a mutilated Note is surrendered to the Trustee, Trustee or (2) if the Issuer and Holder of a Note of claims that the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer and the Trustee such security and/or indemnity to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Note, then, in the absence of written notice to the Issuer or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)lost, destroyed or wrongfully taken, the Issuer Company shall execute and upon Issuer Order a Company Order, the Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, deliver a new replacement Note of like tenor and principal amount, bearing a number not contemporaneously outstanding. In , and the Guarantors shall execute a replacement Guarantee, if the Holder of such Note furnishes to the Company and to the Trustee, in the case any of such mutilatedloss, destroyeddestruction or theft, lost evidence reasonably acceptable to them of the ownership and the destruction, loss or stolen theft of such Note has become and an indemnity bond shall be posted by such Holder, sufficient in the judgment of the Company or is about the Trustee, as the case may be, to become due and payableprotect the Company, the Issuer Trustee or any Agent from any loss that any of them may suffer if such Note is replaced. The Company may charge such Holder for the Company's and any Guarantor's expenses in its discretion may, instead replacing such Note (including (i) expenses of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, Trustee charged to the Issuer may require the payment of a sum sufficient to cover Company and (ii) any tax or other governmental charge that may be imposed in relation thereto imposed) and any other expenses (including the fees and expenses of Trustee may charge the Company for the Trustee) connected therewith's expenses in replacing such Note. Every new replacement Note and Guarantee issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer Company 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 benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note, of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (b) such security and/or or indemnity as may be reasonably required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company, the Parent, or the Trustee that such Note has been acquired is held by a Protected Purchaser (as defined in Section 8-303 Person purporting to be the owner of the Uniform Commercial Code) (a “Protected Purchaser”)such Note, the Issuer Company shall execute and upon Issuer Order the 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 tenor and principal amount, amount and bearing a number not contemporaneously outstanding. In 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this SectionSection 2.08, the Issuer Company may require the payment 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 Trustee) connected therewith. Every new Note issued pursuant to this Section 2.08 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer Company and each Guarantorthe Parent, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyoneanyone other than the Holder of such new Note, and any such new Note shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section 2.08 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the TrusteeCompany, or the Company shall execute and deliver in exchange therefor a new Note of like tenor and Principal Amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company (2i) the Issuer and the Trustee receive evidence to their its satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by its to save each it and any of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteits agents harmless, then, in the absence of written notice to the Issuer or the Trustee Company that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order the Trustee shall authenticate and deliverexecute, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this SectionSection 3.09, the Issuer Company may require payment by the payment relevant 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. Every new Note issued pursuant to this Section 3.09 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture Agreement equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any a mutilated Note is surrendered to the Trustee, Trustee or (2) if the Issuer and the Trustee receive evidence to their satisfaction Holder of the destruction, loss or theft a Note of any Note, and there is delivered to series claims that the Issuer and the Trustee such security and/or indemnity to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Note, then, in the absence of written notice to the Issuer or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)lost, destroyed or wrongfully taken, the Issuer Company shall execute and upon Issuer Order a Company Order, the Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, deliver a new replacement Note of like tenor and principal amount, bearing a number not contemporaneously outstanding. In , and the Guarantors shall execute a replacement Note Guarantee, if the Holder of such Note furnishes to the Company and to the Trustee evidence reasonably acceptable to them of the ownership and the destruction, loss or theft of such Note and an indemnity bond reasonably satisfactory to the Trustee and the Company shall be posted by such Holder, sufficient in the judgment of the Company or the Trustee, as the case any such mutilatedmay be, destroyed, lost or stolen Note has become or is about to become due and payableprotect the Company, the Issuer Trustee or any Agent from any loss that any of them may suffer if such Note is replaced. The Company may charge such Holder for the Company’s and any Guarantor’s expenses in its discretion may, instead replacing such Note (including (i) expenses of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, Trustee charged to the Issuer may require the payment of a sum sufficient to cover Company and (ii) any tax or other governmental charge that may be imposed in relation thereto imposed) and any other expenses (including the fees and expenses of Trustee may charge the Company for the Trustee) connected therewith’s expenses in replacing such Note. Every new replacement Note and Note Guarantee issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer Company 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 benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the TrusteeCompany, or the Company shall execute and make available for delivery in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company (2i) the Issuer and the Trustee receive evidence to their its satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by the Company to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteitself harmless, then, in the absence of written notice to the Issuer or the Trustee Company that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)protected purchaser, the Issuer Company shall execute and upon Issuer Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount, amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to to-become due and payable, the Issuer Company in its discretion may, instead of issuing a new Note, pay such Note. Upon , subject to the issuance of any new Note under this Section, the Issuer may require the payment of a sum sufficient holders' conversion rights pursuant 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 therewithSection 4 hereof. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1i) any mutilated Note is surrendered to the Indenture Trustee, or (2) the Issuer and the Indenture Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, and (ii) there is delivered to the Issuer and the Indenture Trustee such security and/or or indemnity to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Note, then, in the absence of written notice to as it and the Issuer or may require to hold the Issuer, the Manager and the Indenture Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)harmless, then the Issuer shall execute and upon Issuer Order the Indenture Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such mutilated, destroyed, lost or stolen Note, a replacement Note of the same Series and Class and 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 tenor mutilated Note, shall have become, or within seven days shall be, due and principal amountpayable, bearing a number not contemporaneously outstanding. In case any the Issuer may pay such mutilated, destroyed, lost or stolen Note has become when so due or is about to become due and payable, the Issuer in its discretion may, payable instead of issuing a new replacement Note. (b) If, after the delivery of such replacement Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer may require the or payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation pursuant to the proviso to the preceding sentence, a protected purchaser (as defined in the UCC) of the Issuer and each Guarantor, whether original Note in lieu of which such replacement Note was issued (or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or such payment of mutilated, destroyed, lost or stolen Notes.was

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Note Registrar, Trustee, or (2) the Issuer and the Trustee receive receives evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer and the Trustee such security and/or indemnity to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Note, then, in the absence of written notice to the Issuer or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Issuer shall execute and upon Issuer Order the 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 tenor and principal amount, 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. Upon the issuance of any new Note under this SectionSection 3.06, the Issuer may require the payment 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. Every new Note issued pursuant to this Section 3.06 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer 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 benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section 3.06 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1) any mutilated Note is surrendered to the Trustee, or the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. (2b) If there shall be delivered to the Issuer and the Trustee receive (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written actual notice to the Issuer or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer shall execute and upon Issuer Order its request the 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 replacement Note of like tenor and principal amount, 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 is about to will at the next Payment Date become due and payable, the Issuer in its discretion may, instead of issuing a new replacement Note, pay such Note. . (d) Upon the issuance of any new replacement Note under this Section, the Issuer or the Trustee may require the payment 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 as a result of the Trusteeissuance of such replacement Note. (e) connected therewith. Every new replacement Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorIssuer, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. . (f) The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1i) any mutilated Note is surrendered to the Trustee, or (2ii) the Issuer Issuers and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Issuers and the Trustee such security and/or or indemnity as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteharmless, then, in the absence of written notice to the Issuer Issuers or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Issuers shall execute and upon Issuer Order the 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 tenor and principal amount, 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 payablepayable or has been called for redemption or has been properly tendered for repurchase on a Fundamental Change Repurchase Date (and not withdrawn) or has been tendered for repurchase on a Put Right Repurchase Date (and not withdrawn), as the case may be, or is to be exchanged pursuant to this Indenture, shall become mutilated or be destroyed, lost or stolen, the Issuer may, instead of issuing a substitute Note, the Issuers in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Issuers may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer 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 benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1i) any mutilated Note is surrendered to the Trustee, or (2ii) the Issuer Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Company and the Trustee such security and/or indemnity or indemnity, in each case, as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteharmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order the 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 tenor and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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 in connection therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer Company, any Subsidiary Guarantor and each Guarantorany other obligor on the Notes, 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 of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If ------------------------------------------- (1i) any mutilated Note is surrendered to the Trustee, or (2) the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, and (ii) there is delivered to the Trustee such security or indemnity as it and the Issuer may require to hold the Issuer, the Bank and the Trustee harmless (it being understood that the unsecured indemnity of a Rated Institutional Noteholder shall be satisfactory for such security and/or indemnity to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Notepurpose), then, in the absence of written notice to the Issuer or the Trustee that such Note has been acquired by a Protected Purchaser bona fide purchaser or a protected purchaser (as defined in within the meaning of Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”UCC), the Issuer shall execute and upon Issuer Order the Trustee shall authenticate and deliver, in exchange for any such mutilated Note 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 tenor mutilated Note, shall have become, or within seven days shall be, due and principal amountpayable, bearing a number not contemporaneously outstanding. In case any or shall have been called for redemption, the Issuer may pay such mutilated, destroyed, lost or stolen Note has become when so due or is about to become due and payable, the Issuer in its discretion may, payable instead of issuing a new replacement Note. (b) If, after the delivery of such replacement Note, pay or payment of a destroyed, lost or stolen Note pursuant to the proviso to the preceding sentence, a bona fide or protected purchaser of the original Note in lieu of which such replacement Note was issued presents for payment such original Note. Upon , the issuance Issuer, the Trustee and the Bank shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Issuer, the Trustee or the Bank in connection therewith. (c) The Trustee and Issuer may, for each new Note authenticated and delivered under the provisions of this Section, the Issuer may require the advance payment by the Noteholder of a sum sufficient to cover any tax or other governmental charge that which may be imposed in relation thereto and any other expenses (including incurred by the fees and expenses of the Trustee) connected therewithTrustee or Issuer. Every new Any Note issued pursuant to under the provisions of this Section in lieu of any Note alleged to be destroyed, mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each Guarantorstolen, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, equally and shall be proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section 206 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1a) any mutilated or defaced Note is surrendered to the Trustee, or (2) the Issuer Company and the Security Registrar and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (b) there is delivered to the Issuer Company, the Security Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security and/or or indemnity as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteharmless, then, in the absence of written notice to the Issuer Company, the Security Registrar or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)protected purchaser, the Issuer Company shall execute and upon Issuer Order the Company’s request the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of the same series and of like tenor tenor, interest rate and principal amount, bearing a number not contemporaneously outstandingthen outstanding and registered in the same manner. In If, after the delivery of such new Note, a bona fide purchaser of the original Note in lieu of which such new Note was issued presents for payment such original Note, the Company and the Trustee 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 Company or the Trustee in connection therewith. Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Note has become or is about imminently due to become due and payable, the Issuer Company, upon satisfaction of the conditions set forth in its discretion clauses (a) and (b) of the preceding paragraph may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this SectionSection 2.9, the Issuer Company may require the payment 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) connected therewith. Every new Note issued pursuant to this Section 2.9 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 security and benefits of this Indenture and the other Collateral Documents equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section 2.9 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Indenture Trustee, or (2) the Issuer shall execute and the Indenture Trustee shall authenticate and deliver in exchange therefor a new Note of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Indenture Trustee receive (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer or the Indenture Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer shall execute and upon Issuer Order its request the Indenture Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of the same series and of like tenor and principal amount, 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. Upon the issuance of any new Note under this Section, the Issuer may require the payment 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. Every new Note of any series issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorIssuer, 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 Indenture equally and proportionately with any and all other Notes of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefore a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. (b) If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them and any agent of either of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Note, then, in the absence of written actual notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order its request the 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 replacement Note of like tenor and principal amount, 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 is about to will at the next Payment Date become due and payable, the Issuer Company in its discretion may, instead of issuing a new replacement Note, pay such Note. . (d) Upon the issuance of any new replacement Note under this Section, the Issuer Company or the Trustee may require the payment by the Noteholder 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 as a result of the Trusteeissuance of such replacement Note. (e) connected therewith. Every new replacement Note issued pursuant to this Section 2.04 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. . (f) The provisions of this Section 2.04 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the TrusteeTrustee or the Paying Agent, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order its written request the 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 tenor and principal amount, 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 payablepayable or is about to be redeemed or purchased by the Company under this Indenture, the Issuer Company in its discretion may, instead of issuing a new Note, pay pay, redeem or purchase such Note. Upon the issuance of any new Note under this Section, the Issuer Company or the Trustee may require the payment 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 TrusteeTrustee or any agent thereof) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. Any Note which is replaced due to destruction, loss or theft shall cease to constitute a binding obligation of the Company and shall not be entitled to the benefits of this Indenture. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1i) any mutilated Note is surrendered to the Trustee, or (2ii) the Issuer Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Company and the Trustee such security and/or or indemnity as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteharmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Company Order the 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 tenor and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and shall require the payment of a sum sufficient to pay any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated ------------------------------------------- Note is surrendered to the TrusteeIssuer, or (2) the Issuer shall execute and deliver in exchange therefor a new Note of the Trustee receive same principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer (a) evidence to their its satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (b) such security and/or or indemnity as may be required by then to save each of them harmless from it and any claim, loss, cost or liability resulting from such lost or stolen Noteagent harmless, then, in the absence of written notice to the Issuer or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer shall execute and upon Issuer Order the 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 a like tenor principal amount and principal amount, 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. Upon the issuance of any new Note under pursuant to this Section, the Issuer may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorIssuer, 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 Indenture Agreement equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1i) any mutilated Note is surrendered to the TrusteeBorrower, or (2) the Issuer and the Trustee receive Borrower receives evidence to their its satisfaction of the destruction, loss or theft of any Note, and (ii) there is delivered to the Issuer Borrower such security or indemnity as the Borrower may require to hold the Borrower and the Trustee Agent harmless (the unsecured indemnity of a Lender being deemed satisfactory for such security and/or indemnity to save each purpose), then the Borrower shall execute and the Borrower shall deliver, in exchange for or in lieu of them harmless from any claimsuch mutilated, lossdestroyed, cost or liability resulting from such lost or stolen Note, then, in the absence of written notice to the Issuer or the Trustee that such a replacement Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)same Class and maturity and of like terms as the mutilated, the Issuer shall execute and upon Issuer Order the Trustee shall authenticate and deliverdestroyed, in exchange for any such mutilated Note lost or in lieu of stolen Note; provided, however, that if any such destroyed, lost or stolen Note, but not a new Note of like tenor mutilated Note, shall have become, or within seven days shall be, due and principal amountpayable, bearing a number not contemporaneously outstanding. In case any or shall have been called for redemption, the Borrower may pay such mutilated, destroyed, lost or stolen Note has become when so due or is about to become due and payable, the Issuer in its discretion may, payable instead of issuing a new replacement Note. Exhibit 10.1 (b) If, after the delivery of such replacement Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer may require the or payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation pursuant to the proviso to the preceding sentence, a bona fide purchaser of the Issuer original Note in lieu of which such replacement Note was issued presents for payment such original Note, the Borrower and each Guarantor, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and 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 Borrower or the Agent in connection therewith. (c) Any Note issued under the provisions of this Section 205 in lieu of any Note alleged to be destroyed, mutilated, lost or stolen, shall be equally and proportionately entitled to the benefits of this Indenture equally and proportionately Loan Agreement with any and all other Notes duly issued hereunderNotes. The provisions of this Section 205 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note or a Note with a Guarantee appertaining thereto is surrendered to the TrusteeTrustee or the Operating Partnership, together with, in proper cases, indemnity as may be required by the Operating Partnership or (2) the Issuer Trustee to save each of them or any agent of either of them harmless, the Operating Partnership shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of the same series and principal amount, containing identical terms and provisions and bearing a number not contemporaneously outstanding, with Guarantees corresponding to the Guarantees appertaining to the surrendered Note. If there shall be delivered to the Operating Partnership and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any NoteNote or Guarantee, and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Operating Partnership or the Trustee that such Note or Guarantee has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Operating Partnership shall execute and upon Issuer Order its request the Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen NoteNote or in exchange for the Note to which a destroyed, lost or stolen Guarantee appertains, a new Note of like tenor the same series and principal amount, containing identical terms and provisions and bearing a number not contemporaneously outstandingoutstanding with Guarantees corresponding to the Guarantees appertaining to such destroyed, lost or stolen Note or to the Note to which such destroyed, lost or stolen Guarantee appertains. In Notwithstanding the provisions of the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer Operating Partnership in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Operating Partnership may require the payment 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. Every new Note of any series issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorOperating Partnership, 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 Indenture equally and proportionately with any and all other Notes of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen NotesNotes or Guarantees.

Mutilated, Destroyed, Lost and Stolen Notes. If In case any temporary or definitive Note shall become mutilated or be destroyed, lost or stolen, the Company (1) any mutilated Note is surrendered subject to the Trusteenext succeeding sentence) shall execute, and upon its request the Trustee (subject as aforesaid) shall authenticate and make available for delivery, a new Note of the same series bearing a number not contemporaneously outstanding, in exchange and substitution for the mutilated Note, or (2) in lieu of and in substitution for the Issuer Note so destroyed, lost or stolen. In every case the applicant for a substituted Note shall furnish to the Company and to the Trustee receive such security or indemnity as may be required by them to save each of them harmless and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company and to the Trustee evidence to their satisfaction of the destruction, loss or theft of any Note, the applicant's Note and there is delivered to the Issuer and the Trustee such security and/or indemnity to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Note, then, in the absence of written notice to the Issuer or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Issuer shall execute and upon Issuer Order the ownership thereof. The Trustee shall may authenticate and deliver, in exchange for any such mutilated substituted Note or in lieu and make available for delivery the same upon the written order of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount, 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 NoteCompany. Upon the issuance of any new Note under this Sectionsubstituted Note, the Issuer Company may require the payment 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 the expenses of the Trustee) connected therewith. In case any Note which has matured or is about to mature or has been called for redemption shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Note, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Note) if the applicant for such payment shall furnish to the Company and to the Trustee such security or indemnity as they may require to save them harmless and, in case of destruction, loss or theft, evidence to the satisfaction of the Company and the Trustee of the destruction, loss or theft of such Note and of the ownership thereof. Every new Note issued pursuant to the provisions of this Section in lieu of substitution for any Note which is mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, whether or not the mutilated, destroyed, lost or stolen Note shall be found at any time time, or be enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes of the same series duly issued hereunder. The All Notes shall be held and owned upon the express condition that the foregoing provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes, and shall preclude (to the extent lawful) any and all other rights or remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Destroyed, Lost and Stolen Notes. ‌ If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously Outstanding. If there shall be delivered to the Company and the Trustee (1) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (2) such security and/or or indemnity as may be required by each of them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)protected purchaser, the Issuer Company shall execute and upon Issuer Order the 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 tenor and principal amount, amount and bearing a number not contemporaneously outstandingOutstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each Guarantor, Company 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1i) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (ii) there is delivered to the Issuer Company and the Trustee such security and/or or indemnity satisfactory to save and as may be required by each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteto hold each of them harmless, then, in the absence of prior written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order its request the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay the Holder of such Note the entire unpaid principal balance of such Note, together with all accrued but unpaid interest thereon. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (expenses, including the fees and expenses of the Trustee) Trustee (including attorneys' fees and expenses), connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, anyone and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (preclude, to the extent lawful) , all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1i) any mutilated Note is surrendered to the Trustee, or (2ii) the Issuer Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Company and the Trustee such security and/or or indemnity as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteharmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Company Order the 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 tenor and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each Company, and, pursuant to the Guarantee, the 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 benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any a mutilated Note is surrendered to the Trustee, Trustee or (2) if the Issuer and the Trustee receive evidence to their satisfaction Holder of the destruction, loss or theft a Note of any Note, and there is delivered to series claims that the Issuer and the Trustee such security and/or indemnity to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Note, then, in the absence of written notice to the Issuer or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)lost, destroyed or stolen, the Issuer Company and each Subsidiary Guarantor, if any, shall execute and upon Issuer Order a Company Order, the Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, deliver a new replacement Note of like tenor and principal amount, bearing a number not contemporaneously outstanding. In outstanding if the Holder of such Note furnishes to the Company, each Subsidiary Guarantor, if any, and to the Trustee evidence reasonably acceptable to them of the ownership and the destruction, loss or theft of such Note and an indemnity bond shall be posted by such Holder, sufficient in the judgment of the Company or the Trustee, as the case any such mutilatedmay be, destroyedto protect the Company, lost or stolen Note has become or is about to become due and payableeach Subsidiary Guarantor, if any, the Issuer Trustee or any Agent from any loss that any of them may suffer if such Note is replaced. The Company may charge such Holder for the Company's expenses in its discretion may, instead replacing such Note (including (i) expenses of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, Trustee charged to the Issuer may require the payment of a sum sufficient to cover Company and (ii) any tax or other governmental charge that may be imposed in relation thereto imposed) and any other expenses (including the fees and expenses of Trustee may charge the Company for the Trustee) connected therewith's expenses in replacing such Note. Every new replacement Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer Company and each Subsidiary Guarantor, if any, 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 of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the TrusteeBorrowers, or the Borrowers at their expense shall execute and deliver in exchange therefor a new Note of the same principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to any Borrower (2a) the Issuer and the Trustee receive evidence to their its satisfaction of the destruction, loss or theft of any NoteNote (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and there is delivered to the Issuer such destruction, loss or theft) and the Trustee (b) such security and/or or indemnity as may be reasonably required by the Borrowers to save each of them and any agent harmless from any claim(provided that if the Lender for such Note is, lossor is a nominee for, cost the Purchaser or liability resulting from another Lender with a minimum net worth of at least $50,000,000 or a Qualified Institutional Buyer, such lost or stolen NotePerson’s own unsecured agreement of indemnity shall be deemed to be satisfactory), then, in the absence of written notice to the Issuer or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Borrowers shall execute and upon Issuer Order the 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 a like tenor principal amount and principal amount, 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 Borrowers in its their discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer may require the payment 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. Every new Note issued pursuant to this Section 2.10 in lieu of any mutilated, destroyed, lost or stolen Note shall shall, without duplication of the original Note, constitute an original additional contractual obligation of the Issuer and each GuarantorBorrowers, 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 Indenture Agreement equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section 2.10 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1i) any mutilated Note is surrendered to the Trustee, or (2ii) the Issuer Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Company and the Trustee such security and/or or indemnity as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteharmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Company Order the 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 replacement Note of like tenor and principal amountamount at Stated Maturity, 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 Company in its discretion may, instead of issuing a new replacement Note, pay such Note. Upon the issuance of any new replacement Note under this Section, the Issuer Company may require the payment 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. Every new replacement Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If If (1a) any mutilated Note is surrendered to the Trustee, or (2b) the Issuer Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Company and the Trustee Trustee, such security and/or indemnity or indemnity, in each case, as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteloss which either of them may suffer if a Note is replaced, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order the 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 replacement Note of like tenor and principal amount, 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. Upon the issuance of any new Note replacement Notes under this Section, the Issuer Company may require the payment 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. Every new replacement Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the TrusteeRegistrar, or (2) the Issuer Company shall execute and the Trustee receive Registrar shall thereupon authenticate and deliver in exchange therefor a new Note of like principal amount, bearing a number not contemporaneously outstanding. If there be delivered to the Company and to the Registrar, (a) evidence to their satisfaction of the destruction, loss or theft of any Note, and (b) such surety bond or indemnity in amount and there is delivered form satisfactory to the Issuer and the Trustee such security and/or indemnity each of them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of each of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee Registrar that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order the Trustee Registrar shall authenticate and deliver, in exchange for any such mutilated Note or deliver in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount, bearing a number not contemporaneously outstanding. 5799176 v10 In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance authentication of any new Note under this Section, the Issuer Company may require the payment 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 any fees and expenses of the TrusteeRegistrar) connected incurred in connection therewith. Every new Note issued authenticated pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes duly issued authenticated hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefore a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. (b) If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them and any agent of either of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Note, then, in the absence of written actual notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order its request the 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 replacement Note of like tenor and principal amount, 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 is about to will at the next Payment Date become due and payable, the Issuer Company in its discretion may, instead of issuing a new replacement Note, pay such Note. . (d) Upon the issuance of any new replacement Note under this SectionSection 2.4, the Issuer Company or the Trustee may require the payment by the 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 (including the fees and expenses as a result of the Trusteeissuance of such replacement Note. (e) connected therewith. Every new replacement Note issued pursuant to this Section 2.4 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. . (f) The provisions of this Section 2.4 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (b) such security and/or or indemnity as may be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order the 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 tenor and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Trust shall execute and the Trustee receive shall authenticate and deliver in exchange therefore a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. (b) If there shall be delivered to the Trust and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written actual notice to the Issuer Trust or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Trust shall execute and upon Issuer Order its request the 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 replacement Note of like tenor and principal amount, 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 is about to will at the next Payment Date become due and payable, the Issuer Trust in its discretion may, instead of issuing a new replacement Note, pay such Note. . (d) Upon the issuance of any new replacement Note under this Section, the Issuer Trust or the Trustee may require the payment by the Noteholder 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 as a result of the Trusteeissuance of such replacement Note. (e) connected therewith. Every new replacement Note issued pursuant to this Section 2.04 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorTrust, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. . (f) The provisions of this Section 2.04 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer and the Trustee such security and/or or indemnity to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Note, then, in the absence of written notice to the Issuer or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Issuer shall execute and upon Issuer Order the 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 tenor and principal amount, 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. Upon the issuance of any new Note under this Section, the Issuer may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer 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 benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (1) If (1i) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Obligor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, ; and (ii) there is delivered to the Issuer Obligor and the Trustee such security and/or or indemnity as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteharmless, then, in the absence of written notice to the Issuer Obligor or the Trustee that such Note has been acquired by a Protected Purchaser (as defined bona fide purchaser, the Obligor may in Section 8-303 its discretion execute and, upon request of the Uniform Commercial Code) (a “Protected Purchaser”)Obligor, the Issuer shall execute and upon Issuer Order the Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor tenor, Maturity Date, and principal amount, bearing a number not contemporaneously outstanding. . (2) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer 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, the Issuer Obligor may require the payment by the 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. . (4) Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorObligor, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. . (5) The provisions of this Section 2.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefore a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. (b) If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them and any agent of either of them harmless from any claim, loss, cost or liability resulting from (the unsecured indemnity of an institutional investor being satisfactory for all such lost or stolen Notepurposes), then, in the absence of written actual notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order its request the 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 replacement Note of like tenor and principal amount, 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 is about to will at the next Payment Date become due and payable, the Issuer Company in its discretion may, instead of issuing a new replacement Note, pay such Note. . (d) Upon the issuance of any new replacement Note under this Section, the Issuer Company or the Trustee may require the payment by the Noteholder 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 as a result of the Trusteeissuance of such replacement Note. (e) connected therewith. Every new replacement Note issued pursuant to this Section 2.04 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. . (f) The provisions of this Section 2.04 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Company and the Trustee such security and/or or indemnity as may be required to save each protect the Company, the Trustee, any agent and any authenticating agent from any loss that any of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Notemay suffer if a Note is replaced, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Issuer Company shall execute and upon Issuer Company Order the 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 tenor and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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 therewithin replacing a Note. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer and the Trustee such security and/or or indemnity as may be required to save each protect the Issuer, the Trustee and any Authenticating Agent or other agent of the Issuer or the Trustee from any loss that any of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Notemay suffer if a Note is replaced, then, in the absence of written notice to the Issuer or the Trustee that such Note has been acquired by a Protected Purchaser protected purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Issuer shall execute and upon Issuer its receipt of an Issuer’s Order the 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 tenor and principal amount, 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. Upon the issuance of any new Note under this Section, the Issuer may require the payment of a sum sufficient to cover any transfer tax or other similar governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewithin replacing a Note. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer 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 benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order the 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 tenor and principal amount, 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 Company in its discretion discretion, but subject to any conversion rights, may, instead of issuing a new Note, pay such Note. Upon the issuance issuance, authentication and delivery by the Trustee of any new Note under this Section, the Issuer Company may require the payment 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. Every new Note issued issued, authenticated and delivered by the Trustee pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Issuers shall execute and the Trustee, at the direction of the Issuers pursuant to an Issuers Order, shall authenticate and deliver in exchange therefore a new Note containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuers and to the Trustee receive (i) evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Issuers or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Issuers shall execute and upon Issuer Order its request the 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 containing identical terms and of like tenor principal amount and principal amount, 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 Issuers in its their discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Issuers may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorIssuers, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. (b) If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order its written request the 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 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 Issuer 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, the Issuer Company may require the payment 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. . (e) Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. . (f) The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding.If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them and any agent of either of them harmless from any claim, loss, cost or liability resulting from and such lost or stolen Noteother reasonable requirements as may be imposed by the Company as permitted by Section 8-405 of the Uniform Commercial Code have been satisfied, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)protected purchaser, the Issuer Company shall execute and upon Issuer Order the 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 tenor and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this SectionSection 2.09, the Issuer Company may require payment by the payment 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. Every new Note issued pursuant to this Section 2.09 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding, or, in case any such mutilated 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. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Company Order the 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 tenor and principal amount, amount and bearing a number not contemporaneously outstanding. In , or, in case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1) any mutilated Note is surrendered to the Trustee, or (2) the Issuer Company shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a replacement Note of the same class, of like tenor and principal amount and bearing a number not contemporaneously outstanding. (b) If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note (provided that any Noteholder's affidavit shall be sufficient evidence for such purpose) and there is delivered to the Issuer and the Trustee (ii) such security and/or or indemnity as may be required by them to save each of them harmless from and any claim, loss, cost or liability resulting from such lost or stolen Noteagent of either of them harmless, then, in the absence of written actual notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order a Company Request the 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 replacement Note of the same class, of like tenor and principal amount, amount and bearing a number not contemporaneously outstanding. If, after the delivery of such replacement Note or payment of a destroyed, lost or stolen Note, a bona fide purchaser of the original Note in lieu of which such replacement Note was issued presents for payment such original Note, the Company and the Trustee shall be entitled to recover such replacement Note (or such payment) from the Person to whom it was delivered or any Person taking such replacement Note from such Person to whom such replacement Note was delivered or any assignee of such Person, 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 expense incurred by the Company or the Trustee in connection therewith. (c) In case the final installment of principal on any such mutilated, destroyed, lost or stolen Note has become or is about to will at the next Monthly Payment Date become due and payable, the Issuer Company in its discretion may, instead of issuing a new replacement Note, pay such Note. . (d) Upon the issuance of any new replacement Note under this Section, the Issuer Company or the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including as a result of the fees issuance of such replacement Note plus reasonable costs and expenses of the TrusteeTrustee in connection therewith. (e) connected therewith. Every new replacement Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture equally and proportionately with any and all other Notes of the same class, duly issued hereunder. . (f) The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1i) any mutilated Note is surrendered to the Trustee, or (2ii) the Issuer Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Company and the Trustee such security and/or or indemnity as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteharmless, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Company Order the 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 tenor and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer Company 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 benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated ------------------------------------------- Note is surrendered to the TrusteeCompany, or the Company shall executed and deliver in exchange therefor a new Notes of the same principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company (2a) the Issuer and the Trustee receive evidence to their its satisfaction of the destruction, loss or theft of any Note, Note and there is delivered to the Issuer and the Trustee (b) such security and/or or indemnity as may be required by then to save each of them harmless from it and any claim, loss, cost or liability resulting from such lost or stolen Noteagent harmless, then, in the absence of written notice to the Issuer or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order the 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 a like tenor principal amount and principal amount, 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 Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Issuer Company may require the payment 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. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 Indenture Agreement equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (1a) any mutilated Note is surrendered to the Trustee, or (2b) the Issuer Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and there is delivered to the Issuer Company and the Trustee Trustee, such security and/or indemnity or indemnity, in each case, as may be required by them to save each of them harmless from any claim, loss, cost or liability resulting from such lost or stolen Noteloss which either of them may suffer if a Note is replaced, then, in the absence of written notice to the Issuer Company or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”)bona fide purchaser, the Issuer Company shall execute and upon Issuer Order the 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 replacement Note of like tenor and principal amount, 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. Upon the issuance of any new Note replacement Notes under this Section, the Issuer Company may require the payment 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. Every new replacement Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each GuarantorCompany, 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 of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.