Mutilated, Destroyed, Lost and Stolen Notes. If any mutilated Note is ▇▇▇▇▇▇▇▇red to the Company, 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 (i) evidence to its reasonable satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by the Company to save itself harmless, then, in the absence of notice to the Company that such Note has been acquired by a protected purchaser, the Company shall execute and make available for delivery, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. 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 Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone.
Appears in 2 contracts
Sources: Convertible Note (America Online Latin America Inc), Convertible Note (America Online Latin America Inc)
Mutilated, Destroyed, Lost and Stolen Notes. If any mutilated Note is ▇▇▇▇▇▇▇▇red surrendered to the Company, 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 (i) evidence to its reasonable satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by the Company to save itself harmless, then, in the absence of notice to the Company that such Note has been acquired by a protected purchaser, the Company shall execute and make available for delivery, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every new Note issued pursuant to this Section 14 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone. The provisions of this Section 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.
Appears in 2 contracts
Sources: Note Purchase Agreement (Flextronics International LTD), Note Purchase Agreement (Flextronics International Ltd.)
Mutilated, Destroyed, Lost and Stolen Notes. If any mutilated Note is ▇▇▇▇▇▇▇▇red surrendered to the Company, the Company shall execute and make available for delivery deliver in exchange therefor a new Note of like tenor and the same principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company (ia) evidence to its reasonable satisfaction of the destruction, loss or theft of any Note and (iib) such security or indemnity as may be required by the Company it to save itself each of it and any agent harmless, then, in the absence of notice to the Company that such Note has been acquired by a protected bona fide purchaser, the Company shall execute and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Note, a new Note of a like tenor and principal amount and bearing a number not contemporaneously outstanding. Every Upon the issuance of any new Note issued pursuant to this Section 3.8, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in lieu relation thereto and any other expenses connected therewith. The provisions of any this Section 3.8 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 Note shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyoneNotes.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. If any mutilated Note is ▇▇ ▇▇▇▇▇▇▇▇red ndered to the Company, 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 (i) evidence to its reasonable satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by the Company to save itself harmless, then, in the absence of notice to the Company that such Note has been acquired by a protected purchaser, the Company shall execute and make available for delivery, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. 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 Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone.
Appears in 1 contract
Sources: Convertible Note (America Online Latin America Inc)