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

Mutilated, Destroyed, Lost and Stolen Notes. If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee 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, or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute, and the Trustee shall authenticate and deliver, 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. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the 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 Note issued pursuant to this Section in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost

Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Trustee, the Company Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor therefore a new replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. . (b) If there shall be delivered to the Company Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of actual notice to the Company Issuer or the Trustee that such Note has been acquired by a bona fide purchaser, the Company Issuer shall execute, execute and upon its request the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. . (c) In case the final installment of principal on any such mutilated, destroyed, lost or stolen Note has become or is about to will at the next Payment Date become due and payable, the Company 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 Company Issuer 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 of the Trustee) connected therewith. Every Note issued pursuant to this Section in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lostto

Mutilated, Destroyed, Lost and Stolen Notes. If any mutilated Note is surrendered to the TrusteeCompany, the Company shall execute and the Trustee shall authenticate and deliver 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 and the Trustee (i) evidence to their its reasonable satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required reasonably requested by them the Company to save each of them and any agent of either of them harmlessitself harmless (clauses (i) or (ii) referred to herein as “Lost Note Documentation”), then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide protected purchaser, the Company shall execute, execute and the Trustee shall authenticate and delivermake 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. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a Every new Note, pay such Note. Upon the issuance of any new Note under this Section, the 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 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, lostlost 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.

Mutilated, Destroyed, Lost and Stolen Notes. If any mutilated Note is surrendered to the TrusteeCompany, the Company shall execute and the Trustee shall authenticate and deliver 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 and the Trustee (i) evidence to their its reasonable satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required reasonably requested by them the Company to save each of them and any agent of either of them harmlessitself harmless (clauses (i) or (ii) referred to herein as “Lost Note Documentation”), then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide protected purchaser, the Company shall execute, execute and the Trustee shall authenticate and delivermake 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. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a Every new Note, pay such Note. Upon the issuance of any new Note under this Section, the 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 Note issued pursuant to this Section 13 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, lostlost or stolen Note shall be at any time enforceable by anyone. The provisions of this Section 13 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 any mutilated Note is surrendered to the Indenture Trustee, the Company Issuer shall execute and the Indenture Trustee shall authenticate and deliver in exchange therefor a new replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. . (b) If there shall be delivered to the Company Issuer and the Indenture Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, harmless then, in the absence of actual notice to the Company Issuer or the Indenture Trustee that such Note has been acquired by a bona fide purchaser, the Company Issuer shall execute, execute and upon its request the Indenture Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. . (c) In case the final installment of principal on any such mutilated, destroyed, lost or stolen Note has become or is about to will at the next Payment Date become due and payable, the Company Issuer, in its discretion discretion, may, instead of issuing a new replacement Note, pay such Note. Upon the issuance of any new Note under this Section, the 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 Note issued pursuant to this Section in lieu of any destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost.

Mutilated, Destroyed, Lost and Stolen Notes. If (1) any mutilated Note is surrendered to the Trustee, or (2) the Company shall execute Issuer and the Trustee 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) receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer and the Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company Issuer or the Trustee that such Note has been acquired by a bona fide purchaserProtected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Issuer shall execute and upon Company shall execute, and 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 and 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 Company Issuer in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any Every new Note under this Section, the 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 Note issued pursuant to this Section 3.05 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the CompanyIssuer and each Guarantor, whether or not the mutilated, destroyed, lostlost or stolen Note shall be at any time