Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 169 contracts
Sources: Indenture (WaterBridge Infrastructure LLC), Indenture (WaterBridge Infrastructure LLC), Indenture (Venture Global, Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 142 contracts
Sources: Indenture (Vail Resorts Inc), Indenture (Emcore Corp), Indenture (Personal Care Holdings Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 61 contracts
Sources: Indenture (Osullivan Industries Inc), Indenture (M & F Worldwide Corp), Indenture (M & F Worldwide Corp)
Replacement Notes. If any a mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to if a Holder claims that its satisfaction of the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Company will issue and the Trustee, upon receipt of an Authentication Order, Trustee will authenticate a replacement Note if of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Trustee’s requirements are metCompany and entitled to the benefits of the Indenture. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company, Company and the Trustee, any Agent and any authenticating agent Trustee from any loss that any of them they may suffer if a Note is replaced. The Company may charge the Holder for its the expenses of the Company and the Trustee in replacing a Note. Every replacement In case the mutilated, lost, destroyed or wrongfully taken Note has become or is an additional obligation of about to become due and payable, the Company and will be entitled to all in its discretion may pay the Note instead of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderissuing a replacement Note.
Appears in 30 contracts
Sources: Indenture (Ipalco Enterprises, Inc.), Indenture (PDC Energy, Inc.), Indenture (Ipalco Enterprises, Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge the Holder for its their expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed with respect to replacement of such Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 16 contracts
Sources: Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Indenture (Melco Resorts & Entertainment LTD), Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 16 contracts
Sources: Indenture (Akoustis, Inc.), Indenture (Akoustis Technologies, Inc.), Indenture (World Acceptance Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 14 contracts
Sources: Indenture (Cubist Pharmaceuticals Inc), Indenture (Southridge Plaza Holdings Inc), Indenture (Aaipharma Inc)
Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. .
(b) Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 13 contracts
Sources: Indenture (Texas Industries Inc), Note Purchase Agreement (Signal Medical Services), Note Purchase Agreement (Jw Childs Equity Partners Ii Lp)
Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the Holder of a Note presents evidence to the satisfaction of the Company and the Trustee receives evidence to its satisfaction of that the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will Trustee shall authenticate a replacement Note if the Trustee’s requirements are met. If An indemnity bond or other security or indemnity may be required by the Company and/or the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Company and/or the Trustee to protect, indemnify and the Company to protect hold harmless the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that (however remote) which any of them may suffer if a Note is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of counsel. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.
Appears in 13 contracts
Sources: Indenture (Lamar Media Corp/De), Indenture (Lamar Media Corp/De), Indenture (Lamar Advertising Co/New)
Replacement Notes. If any a mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to if a Holder claims that its satisfaction of the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Company will issue and the Trustee, upon receipt of an Authentication Order, Trustee will authenticate a replacement Note if of like terms, tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Trustee’s requirements are metCompany and entitled to the benefits of this Indenture. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company, Company and the Trustee, any Agent and any authenticating agent Trustee from any loss that any of them they may suffer if a Note is replaced. The Company may charge the Holder for its the expenses of the Company and the Trustee in replacing a Note. Every replacement In case the mutilated, lost, destroyed or wrongfully taken Note has become or is an additional obligation of about to become due and payable, the Company and will be entitled to all in its discretion may pay the Note instead of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderissuing a replacement Note.
Appears in 10 contracts
Sources: Indenture (Sandridge Energy Inc), Indenture (Sandridge Energy Inc), Indenture (Sandridge Energy Inc)
Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. .
(b) Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 10 contracts
Sources: Indenture (Geo Group Inc), Indenture (Geo Group Inc), Indenture (Geo Group Inc)
Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the Company and Holder of a Note claims that the Trustee receives evidence to its satisfaction of the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will authenticate shall authenticate, or cause the Authenticating Agent to authenticate, a replacement Note if the Company’s and the Trustee’s requirements are met. If required by the The Trustee or the Company, Company may require an indemnity bond must to be supplied by the Holder that furnished which is sufficient in the judgment of the Trustee and the Company both to protect the Company, the Trustee, and any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge such Holder for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits benefit of this Indenture equally and proportionately with any and all other Notes duly issued hereunderNotes.
Appears in 10 contracts
Sources: Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will Trustee shall authenticate a replacement Note if the Trustee’s 's requirements for replacements of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company or the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 9 contracts
Sources: Indenture (Atlantic Express Transportation Corp), Indenture (Terex Corp), Indenture (Fitzgeralds Gaming Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company or the Trustee may charge for its their expenses in replacing a Note, which may include any expenses of the Trustee. Every replacement Note is an additional a contractual obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 9 contracts
Sources: Indenture (Concordia International Corp.), Indenture (Concordia Investment Holdings (Jersey) LTD), Indenture (Concordia International Corp.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Trustee or the Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 8 contracts
Sources: Indenture (FiberTower CORP), Indenture (FiberTower CORP), Indenture (FiberTower CORP)
Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication a Company Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. .
(b) Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 8 contracts
Sources: Indenture (FTAI Infrastructure Inc.), Indenture (Vistra Corp.), Indenture (Vistra Corp.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 7 contracts
Sources: Indenture (Sensata Technologies Holding N.V.), Indenture (Sensata Technologies Holding N.V.), Indenture (Sensata Technologies Holding N.V.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Company’s and the Trustee’s reasonable requirements for the replacements of Notes are met. If required by the Trustee or the Company, an An indemnity bond must shall be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge for its expenses (including fees and expenses of the Trustee) in replacing a Note. Every replacement Note is shall be an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 7 contracts
Sources: Indenture (Esterline Technologies Corp), Indenture (Landrys Restaurants Inc), Indenture (Salant Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note of the same Series if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note of any Series is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes of that Series duly issued hereunder.
Appears in 6 contracts
Sources: Indenture (Genco Shipping & Trading LTD), Indenture (Genco Shipping & Trading LTD), Indenture (Trinity Place Holdings Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Company, and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will Trustee shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 6 contracts
Sources: Indenture (Parker Drilling Co /De/), Indenture (Ram Energy Inc/Ok), Indenture (Taylor Companies Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Company signed by two Officers of the Company, will shall authenticate a replacement Note if the Trustee’s requirements for replacements of Notes are met. If required by the Trustee The Holder must supply indemnity or the Company, an indemnity bond must be supplied by the Holder that is security sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their fees and expenses in replacing a NoteNote including amounts to cover any tax, assessment, fee or other governmental charge that may be imposed in relation thereto. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.
Appears in 6 contracts
Sources: Indenture (McClatchy Co), Indenture (McClatchy Co), Indenture (Lee Enterprises, Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its expenses in replacing a Note. Every replacement Note issued in accordance with this Section 2.07 is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 6 contracts
Sources: Indenture (H&E Equipment Services, Inc.), Indenture (Emergent BioSolutions Inc.), Indenture (MTS Systems Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 6 contracts
Sources: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)
Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Company or (y) if the Company and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, then the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge the Holder for its their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 5 contracts
Sources: Indenture (Carters Inc), Indenture (Stericycle Inc), Indenture (Carters Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note note if the Trustee’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note, including Trustee’s expenses. Every replacement Note note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 5 contracts
Sources: Indenture (Sabre Corp), Indenture (Sabre Corp), Indenture (Sabre Corp)
Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Company or (y) the Company and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge the Holder for its their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 5 contracts
Sources: Indenture (Healthequity, Inc.), Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note issued pursuant to this Section 2.07 is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 5 contracts
Sources: Indenture (Rayovac Corp), Indenture (Team Health Inc), Indenture (Atwood Mobile Products Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements hereunder are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the applicable Holder for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 5 contracts
Sources: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Sources: Indenture (Icahn Enterprises L.P.), Indenture (Icahn Enterprises Holdings L.P.), Indenture (Icahn Enterprises Holdings L.P.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company Issuer will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the CompanyIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuer to protect the CompanyIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company Issuer may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company Issuer and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Sources: Indenture (Superior Energy Services Inc), Indenture (Superior Energy Services Inc), Indenture (Superior Energy Services Inc)
Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its their expenses in replacing a Note. .
(b) Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Sources: Indenture (Brigham Exploration Co), Indenture (Brigham Exploration Co), Indenture (Uno of Victor, Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note, including Trustee’s expenses. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Sources: Indenture (Sabre Corp), Indenture (Sabre Corp), Indenture (Sabre Corp)
Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, such Holder must provide satisfactory evidence of such loss, destruction or taking, and an indemnity bond must be supplied by the Holder that is or other indemnity of reasonable tenor, sufficient in the reasonable judgment of the Trustee Company and the Company Trustee, to protect the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. Every replacement Note shall constitute an obligation of the Company. The Company and the Trustee each may charge such Holder for its expenses in replacing a such Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Sources: Indenture (National Vision Inc), Indenture (Idt Corp), Indenture (Roadhouse Grill Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Sources: Indenture (Titan International Inc), Indenture (Titan International Inc), Indenture (Titan International Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Sources: Indenture (Toys R Us Property Co II, LLC), Indenture (Toys R Us Inc), Indenture (Toys R Us Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Sources: Indenture (Finlay Fine Jewelry Corp), Indenture (Finlay Enterprises Inc /De), Indenture (Finlay Enterprises Inc /De)
Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the Holder of a Note presents evidence to the satisfaction of the Company and the Trustee receives evidence to its satisfaction of that the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will Trustee shall authenticate a replacement Note (and the Guarantors shall execute a guarantee thereon) if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the such Holder that is sufficient in the judgment of the Trustee Company and the Company Trustee to protect the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of counsel. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.
Appears in 4 contracts
Sources: Indenture (Hayes Lemmerz International Inc), Indenture (MWC Acquisition Sub Inc), Indenture (Hayes Wheels International Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Sources: Indenture (Coeur Mining, Inc.), Indenture (Coeur Mining, Inc.), Indenture (Coeur D Alene Mines Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an affidavit of loss and indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Sources: Supplemental Indenture (Cca Properties of America LLC), Indenture (Corrections Corp of America), Indenture (Corrections Corp of America)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its expenses in replacing a Note. Every replacement Note issued in accordance with this Section 2.07 is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Sources: Indenture (Patrick Industries Inc), Indenture (Patrick Industries Inc), Indenture (Patrick Industries Inc)
Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements for replacement of Notes are met. If required by the Trustee or the Company, such Holder must provide an affidavit of lost certificate and an indemnity bond must be supplied by the Holder that is or other indemnity, sufficient in the judgment of both the Trustee Company and the Company Trustee, to protect the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of counsel. Every replacement Note is shall constitute an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderGuarantors.
Appears in 4 contracts
Sources: Indenture (Management Solutins Inc/), Indenture (Tokheim Corp), Indenture (Tokheim Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Company and will shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Sources: Fifth Supplemental Indenture (Wyndham Hotels & Resorts, Inc.), First Supplemental Indenture (Wyndham Worldwide Corp), First Supplemental Indenture (Wyndham Hotels & Resorts, Inc.)
Replacement Notes. If any a mutilated Note is surrendered to the Trustee Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are metmet and the Holder satisfies any other reasonable requirements of the Trustee. If required by the Trustee or the Company, such Holder shall furnish an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee Company and the Company Trustee to protect the Company, the Trustee, any Agent the Paying Agent, the Registrar and any authenticating agent co-registrar from any loss that which any of them may suffer if a Note is replaced. The Company and the Trustee may charge the Holder for its their expenses in replacing a Note. Every replacement Note is an additional obligation Obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.
Appears in 3 contracts
Sources: Indenture (Sun Healthcare Group Inc), Indenture (Leasehold Resource Group LLC), Indenture (SHG Holding Solutions Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the reasonable judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Sources: Indenture (RBX Corp), Indenture (RBX Corp), Indenture (RBX Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company or the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Sources: Indenture (Maxcom Telecommunications Inc), Indenture, Indenture (Maxcom Telecommunications Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Sources: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note, including reasonable fees and expenses of the Trustee. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Sources: Indenture (Continental Airlines Inc /De/), Indenture (United Air Lines Inc), Indenture (United Air Lines Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Each of the Company and the Trustee may charge for its expenses in replacing a Note. Every replacement Note issued in accordance with this Section 2.09 is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Sources: Indenture (Parker Drilling Co /De/), Indenture (Parker Drilling Co /De/), Indenture (Parker Drilling Co /De/)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses (including the fees and expenses of the Trustee) in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Sources: Indenture (B&G Foods, Inc.), Seventh Supplemental Indenture (B&G Foods, Inc.), First Supplemental Indenture (B&G Foods, Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note of the same series if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Sources: Indenture (Harland Clarke Holdings Corp), Indenture (Harland Clarke Holdings Corp), Indenture (Harland Financial Solutions, Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Sources: Indenture (ExamWorks Group, Inc.), Indenture (Verity Administrators, Inc.), Indenture (Saxon Capital Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Company's and the Trustee’s 's reasonable requirements for the replacements of Notes are met. If required by the Trustee or the Company, an An indemnity bond must shall be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge for its expenses (including fees and expenses of the Trustee) in replacing a Note. Every replacement Note is shall be an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Sources: Indenture (Esterline Technologies Corp), Indenture (Armor Holdings Inc), Indenture (O Charleys Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture hereof equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Sources: First Supplemental Indenture (Bonanza Creek Energy, Inc.), Indenture (Diamondback Energy, Inc.), Indenture (Bonanza Creek Energy, Inc.)
Replacement Notes. If any a mutilated Note is surrendered to the Trustee Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee receives evidence to its satisfaction or any Authenticating Agent of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will Trustee shall authenticate a replacement Note if the Trustee’s Registrar's requirements are met. If required by the Trustee Registrar or the Company, such Holder must provide an affidavit of lost certificate and an indemnity bond must be supplied by the Holder that is sufficient or other indemnity, sufficient, in the judgment of both the Trustee Company and the Company Registrar, to protect the Company, the Trustee, Trustee and any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of counsel. Every replacement Note is shall constitute an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.
Appears in 3 contracts
Sources: Supplemental Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Sources: Indenture (Tennant Co), Indenture (Ritchie Bros Auctioneers Inc), Indenture (Global Crossing LTD)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will Trustee shall authenticate a replacement Note if the Company's and the Trustee’s 's reasonable requirements for the replacements of Notes are met. If required by the Trustee or the Company, an indemnity bond must shall be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company and the Trustee may charge the Holder for its their expenses in replacing a Note. Every replacement Note is shall be an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.
Appears in 3 contracts
Sources: Indenture (Goss Graphic Systems Inc), Indenture (Goss Holdings Inc), Indenture (Goss Holdings Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee and the Company receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss losses, claims, expenses and liabilities that any of them may suffer if a Note is replaced. The Company may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Coty Inc.), Indenture (Coty Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Finova Group Inc), Indenture (Finova Group Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Titan Distribution, Inc), Indenture (Edison Mission Energy)
Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note of like tenor and amount if the Trustee’s 's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond must be supplied by the Holder that is or other indemnity, sufficient in the judgment of both the Trustee Company and the Company Trustee, to protect the Company, the Trustee, Trustee or any Paying Agent and any authenticating agent or Registrar from any loss that which any of them may suffer if a Note is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of counsel. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.
Appears in 2 contracts
Sources: Indenture (Prime Succession Inc), Indenture (Rose Hills Co)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the reasonable judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their reasonable expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Each of the Company and, as contemplated by Section 7.07 hereof, the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource-MBS, LLC)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will Trustee shall authenticate a replacement Note if the Company's and the Trustee’s 's reasonable requirements for the replacements of Notes are met. If required by the Trustee or the Company, an indemnity bond must shall be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is shall be an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.
Appears in 2 contracts
Sources: Indenture (Nations Title Co Inc), Indenture (CVS Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives and the Company receive evidence to its their mutual satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s and the Company’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Temporary Notes Indenture (Hillman Companies Inc), Indenture (Hillman Companies Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee Company or the CompanyTrustee, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee Company and the Company Trustee to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Aztar Corp), Indenture (Aztar Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company OPTI and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will OPTI shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the CompanyOPTI, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company OPTI to protect the CompanyOPTI, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company OPTI may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company OPTI and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Opti Canada Inc), Indenture (Opti Canada Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Authority and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will Authority shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are metin accordance with this Indenture. If required by the Trustee or the CompanyAuthority, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Authority to protect the CompanyAuthority, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company Authority may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company Authority and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Mohegan Tribal Gaming Authority), Indenture (Mohegan Tribal Gaming Authority)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for its the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Ordera written authentication order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its reasonable out-of-pocket expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Ziff Davis Intermediate Holdings Inc), Indenture (Etesting Labs Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note issued in accordance with this Section 2.07, is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Simmons Co /Ga/), Indenture (Simmons Co)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company or the Trustee may charge for its their expenses in replacing a Note, which may include any expenses of the Trustee. Every replacement Note is an additional a contractual obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Hudbay Minerals Inc.), Indenture (Hudbay Minerals Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Orderthe Company's written order signed by two Officers, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the CompanyCompany requires it, the Holder must supply an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation Obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.
Appears in 2 contracts
Sources: Indenture (Gfsi Inc), Indenture (Gfsi Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a 32 replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Companies and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will Companies shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Companies to protect the CompanyCompanies, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company Companies may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation Obligation of the Company Companies and will shall be entitled to all of the benefits of this Indenture Agreement equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Amerco /Nv/), Indenture (Sac Holding Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the TrusteeAuthenticating Agent, upon receipt of an Authentication a Company Order, will authenticate a replacement Note of the same Series if the Trustee’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture Indenture, equally and proportionately proportionately, with all other Notes Securities of the Series duly issued hereunder.
Appears in 2 contracts
Sources: Trust Indenture and Security Agreement (Korth Direct Mortgage Inc.), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss or liability that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Appleton Papers Inc/Wi), Indenture (Paperweight Development Corp)
Replacement Notes. If any mutilated 1997 Note is surrendered to the Trustee or any Holder claims, to the satisfaction of the Trustee and the Company, that any 1997 Note has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement 1997 Note if the Trustee’s 's requirements are met. If required by the Trustee or the CompanyCompany as a condition of receiving a replacement 1997 Note, the Holder shall provide an indemnity bond must be supplied by the Holder that is sufficient sufficient, in the judgment of both the Trustee Company and the Company Trustee, to fully protect the Company, the Trustee, any Paying Agent and any authenticating agent from any loss that any of them may suffer if a such 1997 Note is replaced. The Company may shall be entitled to charge the holders of such 1997 Note for its expenses in replacing a any such 1997 Note. Every Each replacement 1997 Note is shall be an additional obligation Obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.
Appears in 2 contracts
Sources: Indenture (Stater Bros Holdings Inc), Indenture (Stater Bros Holdings Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee and the Company receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Rackspace Hosting, Inc.), Indenture (Plantronics Inc /Ca/)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)
Replacement Notes. If any a mutilated Note is surrendered to the Trustee Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee receives evidence to its satisfaction or any authenticating agent of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will Trustee shall authenticate a replacement Note if the Trustee’s Registrar's requirements are met. If required by the Trustee Registrar or the Company, such Holder must provide an affidavit of lost certificate and an indemnity bond must be supplied by the Holder that is sufficient or other indemnity, sufficient, in the judgment of both the Trustee Company and the Company Registrar, to protect the Company, the Trustee, Trustee and any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of counsel. Every replacement Note is shall constitute an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.
Appears in 2 contracts
Sources: Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Guarantors, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (W&t Offshore Inc), Indenture (W&t Offshore Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and Company, or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (CPM Holdings, Inc.), Indenture (CPM Holdings, Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Company, and the Trustee receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Reliant Energy Solutions LLC), Indenture (Reliant Energy Solutions LLC)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company Company, the Parent Guarantor and will the Subsidiary Guarantors and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Xm Satellite Radio Inc), Indenture (Xm Satellite Radio Holdings Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Interamericas Communications Corp), Indenture (Emcore Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its their expenses (including the expenses of the Trustee) in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Service Properties Trust), Indenture (Service Properties Trust)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or either of the Company and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Company signed by two Officers of the Company, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be is supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any each Agent and any each authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation Obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.
Appears in 2 contracts
Sources: Indenture (Capstar Hotel Co), Indenture (Meristar Hospitality Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If reasonably required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the reasonable judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company or the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Sterling Chemical Inc), Indenture (Sterling Chemical Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Wyndham Hotels & Resorts, Inc.), Indenture (Wyndham Worldwide Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company Issuers will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Johnstone Tank Trucking Ltd.), Indenture (Johnstone Tank Trucking Ltd.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent Agent, and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Sterling Chemical Inc), Indenture (Sunbeam Corp/Fl/)
Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the Holder of a Note presents evidence to the satisfaction of the Company and the Trustee receives evidence to its satisfaction of that the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will Trustee shall authenticate a replacement Note if the Trustee’s 's requirements are met. If An indemnity bond or other security or indemnity may be required by the Company and/or the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Company and/or the Trustee to protect, indemnify and the Company to protect hold harmless the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that (however remote) which any of them may suffer if a Note is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of counsel. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.
Appears in 2 contracts
Sources: Indenture (Lamar Media Corp/De), Indenture (Lamar Advertising Co/New)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Second Supplemental Indenture (Istar Financial Inc), Supplemental Indenture (Istar Financial Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss or liability that any of them may suffer if a Note is replacedreplaced and subsequently presented or claimed for payment. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Residential Capital, LLC), Indenture (Residential Capital, LLC)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company issued as evidence of the same underlying indebtedness as the replaced Note and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (360networks Inc), Indenture (360networks Inc)
Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. .
(b) Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Atento S.A.), Indenture (Denton Telecom Holdings I, L.L.C.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its reasonable out-of-pocket expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and Company, or if the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (Altera Infrastructure L.P.), Supplemental Indenture (Altera Infrastructure L.P.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Company and will shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Third Supplemental Indenture (W R Grace & Co), First Supplemental Indenture (W R Grace & Co)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Company signed by two Officers of the Company, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Sources: Indenture (National Oilwell Inc), Indenture (National Oilwell Inc)