Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar or if the Holder claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. If required by the Trustee or the Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and any co-Registrar, and any authenticating agent, from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee may charge the Holder for their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Notes.
Appears in 21 contracts
Sources: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar Trustee or if the Holder claims presents evidence to the satisfaction of the Issuer and the Trustee that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed Note. An indemnity or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. If a security bond may be required by the Trustee Issuer or the Issuer, such Holder shall furnish an indemnity bond Trustee that is sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and Trustee or any co-Registrar, and any authenticating agent, Agent from any loss that which any of them may suffer if a Note is replaced. The In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer and the Trustee may charge the Holder for their its expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and will shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyedlost, lost destroyed or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.
Appears in 17 contracts
Sources: Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.)
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in such form as if the Note mutilated, lost, destroyed or wrongfully taken if requirements of Section 8-405 of the Uniform Commercial Code are met and the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. If required by the Trustee or the IssuerIssuers, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer Issuers and the Trustee to protect the IssuerIssuers, the Trustee, the Paying Agent, the Transfer Agent, Agent and the Registrar and any co-Registrar, and any authenticating agent, from any loss that which any of them may suffer if a Note is replaced. The Issuer Issuers and the Trustee may charge the Holder for their expenses in replacing a Note. In the event any such mutilatedNote shall have matured, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note Note, the Issuers may direct the Trustee to pay the same without surrender thereof upon the Holder furnishing the Issuers and the Trustee with indemnity satisfactory to them and complying with such other reasonable regulations as the Issuers may prescribe and paying such reasonable expenses as the Issuer and the Trustee may incur in replacement thereofconnection therewith. Every replacement Note shall be is an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken NotesIssuers.
Appears in 15 contracts
Sources: Indenture (Martin Midstream Partners L.P.), Indenture Agreement (Summit Midstream Partners, LP), Indenture (Martin Midstream Partners L.P.)
Replacement Notes. If a mutilated Definitive Registered certificated Note is surrendered to the Registrar or if the Holder claims that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Issuers Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer Issuers and any requirement of the Trustee. If required by the Trustee or the IssuerIssuers, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer Issuers and the Trustee to protect the IssuerIssuers, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and any co-Registrar, and any authenticating agent, agent from any loss that any of them may suffer if a Note is replaced. The Issuer Issuers and the Trustee may charge the Holder for their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Issuers in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the IssuerIssuers. The provisions of this Section 2.07 are exclusive and will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Notes.
Appears in 12 contracts
Sources: Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.)
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in if the requirements of Section 8-405 of the Uniform Commercial Code are met, such form as that the Holder (a) satisfies the Issuer or the Trustee within a reasonable time after such Holder has notice of such loss, destruction or wrongful taking and the Registrar does not register a transfer prior to receiving such notification, (b) makes such request to the Issuer or the Trustee prior to the Note mutilated, lost, destroyed or wrongfully taken if being acquired by a protected purchaser as defined in Section 8-303 of the Holder Uniform Commercial Code (a “protected purchaser”) and (c) satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. If required by the Trustee or the Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee, the a Paying Agent, the Transfer Agent, Agent and the Registrar and any co-Registrar, and any authenticating agent, from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee may charge the Holder for their expenses in replacing a Note (including, without limitation, attorneys’ fees and disbursements in replacing such Note). In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be is an additional obligation of the Issuer. The provisions of this Section 2.07 2.08 are exclusive and will shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyedlost, lost destroyed or wrongfully taken Notes.
Appears in 10 contracts
Sources: Indenture (Intelsat S.A.), Indenture (Intelsat S.A.), Indenture (Intelsat S.A.)
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in if the requirements of Section 8-405 of the Uniform Commercial Code are met, such form as that the Holder (a) satisfies the Issuer or the Trustee within a reasonable time after such Holder has notice of such loss, destruction or wrongful taking and the Registrar does not register a transfer prior to receiving such notification, (b) makes such request to the Issuer or the Trustee prior to the Note mutilated, lost, destroyed or wrongfully taken if being acquired by a protected purchaser as defined in Section 8-303 of the Holder Uniform Commercial Code (a “protected purchaser”) and (c) satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. If required by the Trustee or the Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee, the a Paying Agent, the Transfer Agent, Agent and the Registrar and any co-Registrar, and any authenticating agent, from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee may charge the Holder for their expenses in replacing a Note (including, without limitation, attorneys’ fees and disbursements in replacing such Note). In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be is an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and will shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyedlost, lost destroyed or wrongfully taken Notes.
Appears in 8 contracts
Sources: Indenture (Intelsat S.A.), Indenture (Intelsat S.A.), Indenture (Intelsat LTD)
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar or if the Holder claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. If required by the Trustee or the Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee, the Security Agent, the Paying Agent, the Transfer Agent, the Registrar and any co-Registrar, and any authenticating agent, from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee may charge the Holder for their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Notes.
Appears in 6 contracts
Sources: Indenture (Carnival PLC), Indenture (Royal Caribbean Cruises LTD), Indenture (Carnival PLC)
Replacement Notes. If a mutilated Definitive Registered certificated Note is surrendered to the Registrar or if the Holder claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. If required by the Trustee or the Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and any co-Registrar, and any authenticating agent, agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee may charge the Holder for their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Notes.
Appears in 5 contracts
Sources: Indenture (Ardagh Group S.A.), Indenture (Ardagh Finance Holdings S.A.), Indenture (T F Bell Holdings LTD)
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar or if the Holder claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. If required by the Trustee or the Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee, the Security Agent, the Paying Agent, the Transfer Agent, the Registrar and any co-Registrar, and any authenticating agent, from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee may charge the Holder for their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 Section 2.07 are exclusive and will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Notes.
Appears in 5 contracts
Sources: Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.)
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar Trustee or if the Holder claims presents evidence to the satisfaction of the Issuers and the Trustee that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the TrusteeNote. If An indemnity bond may be required by the Trustee Issuers or the Issuer, such Holder shall furnish an indemnity bond Trustee that is sufficient in the judgment of the Issuer Issuers and the Trustee to protect the IssuerIssuers, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and Trustee or any co-Registrar, and any authenticating agent, Agent from any loss that which any of them may suffer if a Note is replaced. The Issuer In every case of destruction, loss or theft, the applicant shall also furnish to the Issuers and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuers and the Trustee may charge the Holder for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuers. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Issuers in its their discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and will shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyedlost, lost destroyed or wrongfully taken Notes.
Appears in 5 contracts
Sources: Indenture (Business Sound Inc), Indenture (Muzak Finance Corp), Indenture (Muzak Finance Corp)
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar Trustee or if the Holder claims that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee or Authenticating Agent shall (or shall direct the authenticating agent to)authenticate, upon receipt of an Issuer Authentication Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable Trustee’s or Authenticating Agent and Issuers’ requirements of the Issuer and any requirement of the Trusteeare met. If required by the Trustee or the Issuer, such Such Holder shall furnish provide an indemnity bond or other indemnity, sufficient in the judgment of both the Issuer Issuers and the Trustee (and the Authenticating Agent, if applicable), to protect the IssuerIssuers, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and Trustee or any co-Registrar, and any authenticating agent, Agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge the such Holder for their its out-of-pocket expenses in replacing a Note. In Note pursuant to this Section 3.07, including fees and expenses of counsel and of the event any such mutilated, lost, destroyed Trustee or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereofAuthenticating Agent. Every replacement Note shall be is an additional obligation of the IssuerIssuers and every replacement Guarantee shall constitute an additional obligation of the Guarantor thereof. The provisions of this Section 2.07 3.07 are exclusive and will shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilatedlost, destroyed, lost destroyed or wrongfully taken Notes.
Appears in 5 contracts
Sources: Nineteenth Supplemental Indenture (MPT Operating Partnership, L.P.), Seventeenth Supplemental Indenture (MPT Operating Partnership, L.P.), Eighteenth Supplemental Indenture (MPT Operating Partnership, L.P.)
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Issuer Company shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in of the same type if the requirements of Section 8-405 of the Uniform Commercial Code are met, such form as that the Holder (a) satisfies the Company or the Trustee within a reasonable time after such Holder has notice of such loss, destruction or wrongful taking and the Registrar does not register a transfer prior to receiving such notification, (b) makes such request to the Company or the Trustee prior to the Note mutilated, lost, destroyed or wrongfully taken if being acquired by a protected purchaser as defined in Section 8-303 of the Holder Uniform Commercial Code (a “protected purchaser”) and (c) satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. If required by the Trustee or the IssuerCompany, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and Trustee or the Trustee Company to protect the IssuerCompany, the Trustee, the a Paying Agent, the Transfer Agent, Agent and the Registrar and any co-Registrar, and any authenticating agent, from any loss that any of them may suffer if a Note is replaced. The Issuer Company and the Trustee may charge the Holder for their expenses in replacing a Note (including without limitation, attorneys’ fees and disbursements in replacing such Note). In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Company in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be is an additional obligation of the IssuerCompany. The provisions of this Section 2.07 2.08 are exclusive and will shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyedlost, lost destroyed or wrongfully taken Notes.
Appears in 3 contracts
Sources: Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.)
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar Trustee or if the Holder claims presents evidence to the satisfaction of the Issuers and the Trustee that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the TrusteeNote. If An indemnity bond may be required by the Trustee Issuers or the Issuer, such Holder shall furnish an indemnity bond Trustee that is sufficient in the judgment of the Issuer Issuers and the Trustee to protect the IssuerIssuers, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and Trustee or any co-Registrar, and any authenticating agent, Agent from any loss that which any of them may suffer if a Note is replaced. The Issuer In every case of destruction, loss or theft, the applicant shall also furnish to the Issuers and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuers and the Trustee may charge the Holder for their its expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Issuers in its their discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and will shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyedlost, lost destroyed or wrongfully taken Notes. Every replacement Note is an additional Obligation of the Issuers.
Appears in 2 contracts
Sources: Indenture (Trump Indiana Inc), Indenture (Trump Indiana Inc)
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar or if the Holder claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. If required by the Trustee or the Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and any co-Registrar, and any authenticating agent, from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee may charge the Holder for their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 Section 2.07 are exclusive and will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Notes.
Appears in 2 contracts
Sources: Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.)
Replacement Notes. If a mutilated Definitive Registered certificated Note is surrendered to the Registrar or if the Holder claims that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Issuers Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer Issuers and any requirement of the Trustee. If required by the Trustee or the IssuerIssuers, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer Issuers and the Trustee to protect the IssuerIssuers, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and any co-Registrar, and any authenticating agent, agent from any loss that any of them may suffer if a Note is replaced. The Issuer Issuers and the Trustee may charge the Holder for their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Issuers in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the IssuerIssuers. The provisions of this Section 2.07 are exclusive and will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Notes.
Appears in 1 contract
Sources: Indenture (Ardagh Group S.A.)
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee or its Authenticating Agent, as applicable, shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in such form as of that series if the Note mutilated, lost, destroyed or wrongfully taken if requirements of Section 8-405 of the Uniform Commercial Code are met and the Holder satisfies any other reasonable requirements of the Issuer and Trustee or its Authenticating Agent, as applicable. Prior to any requirement of the Trustee. If such issuance or authentication, if required by the Trustee Registrar, the Trustee, the Authenticating Agent or the IssuerIssuers, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer Issuers, the Trustee, the Authenticating Agent and the Trustee Registrar to protect the IssuerIssuers, the Trustee, the Paying Agent, the Transfer Authenticating Agent, the Registrar and any co-Registrar, and any authenticating agent, registrar from any loss that which any of them may suffer if a Note is replaced. In case any mutilated, destroyed, lost or wrongfully taken Note has become or is about to become due or payable, the Issuers in their discretion may, instead of issuing a new Note, pay such Note. The Issuer Issuers and the Trustee Registrar may charge the Holder for their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be is an additional obligation Obligation of the Issuer. The provisions of this Section 2.07 are exclusive Issuers and will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken NotesGuarantors.
Appears in 1 contract
Sources: Indenture (Chrysler Group LLC)
Replacement Notes. (a) If a mutilated Definitive Registered Note is surrendered to the Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Issuer Company shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in of the same series if the requirements of Section 8-405 of the Uniform Commercial Code are met, such form as that the Holder (a) satisfies the Company or the Trustee within a reasonable time after such Holder has notice of such loss, destruction or wrongful taking and the Registrar does not register a transfer prior to receiving such notification, (b) makes such request to the Company or the Trustee prior to the Note mutilated, lost, destroyed or wrongfully taken if being acquired by a protected purchaser as defined in Section 8-303 of the Holder Uniform Commercial Code
(a “protected purchaser”) and (c) satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. If required by the Trustee or the IssuerCompany, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the IssuerCompany, the Trustee, the a Paying Agent, the Transfer Agent, Agent and the Registrar and any co-Registrar, and any authenticating agent, from any loss that any of them may suffer if a Note is replaced. The Issuer Company and the Trustee may charge the Holder for their expenses in replacing a Note (including attorneys’ fees and disbursements in replacing such Note). In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Company in its discretion may pay such Note instead of issuing a new Note in replacement thereof. .
(b) Every replacement Note shall be is an additional obligation of the Issuer. Company and the Guarantors.
(c) The provisions of this Section 2.07 2.08 are exclusive and will shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyedlost, lost destroyed or wrongfully taken Notes.
Appears in 1 contract
Replacement Notes. If a mutilated Definitive Registered certificated Note is surrendered to the ap- plicable Registrar or if the Holder claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Is- ▇▇▇▇ Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully wrong- fully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of of the Trustee. If required by the Trustee or the Issuer, such Holder shall furnish an indemnity bond sufficient suffi- cient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and any co-Registrar, and any authenticating agent, agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee may charge the Holder for their expenses expens- es in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully wrongful- ly taken Notes.
Appears in 1 contract
Sources: Indenture
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar Trustee or if the Holder claims presents evidence to the satisfaction of the Issuers and the Trustee that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed Note. An indemnity or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. If a security bond may be required by the Trustee Issuers or the Issuer, such Holder shall furnish an indemnity bond Trustee that is sufficient in the judgment of the Issuer Issuers and the Trustee to protect the IssuerIssuers, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and Trustee or any co-Registrar, and any authenticating agent, Agent from any loss that which any of them may suffer if a Note is replaced. The Issuer In every case of destruction, loss or theft, the applicant shall also furnish to the Issuers and to the Trustee evidence to the satisfaction of the Issuers and the Trustee of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuers and the Trustee may charge the Holder for their its expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Issuers in its their discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and will shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyedlost, lost destroyed or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuers.
Appears in 1 contract
Sources: Indenture (Stonemor Partners Lp)
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar Trustee or if the Holder claims presents evidence to the satisfaction of the Issuer and the Trustee that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to)shall, upon receipt of an Issuer Authentication Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the TrusteeNote. If An indemnity bond may be required by the Trustee Issuer or the Issuer, such Holder shall furnish an indemnity bond Trustee that is sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and Trustee or any co-Registrar, and any authenticating agent, Agent from any loss that which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. The Issuer and the Trustee may charge the Holder for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and will shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyedlost, lost destroyed or wrongfully taken Notes.
Appears in 1 contract
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar Trustee or if the Holder claims that the Note has been lost, destroyed or wrongfully taken, then, in the Issuer absence of notice to the Obligors or the Trustee that such Note has been acquired by a bona fide purchaser, the Obligors shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in such form as of like tenor and principal amount and bearing a number not contemporaneously outstanding; provided that the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trusteethis Section 2.06 are met. If required by the Trustee or the IssuerObligors, such Holder shall furnish an indemnity bond must be furnished that is sufficient in the judgment of both the Issuer Trustee and the Trustee Obligors to protect the IssuerObligors, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and Trustee or any co-Registrar, and any authenticating agent, Agent from any loss that any of them may suffer if a Note is replaced. The Issuer Obligors may charge such Holder for its expenses and the expenses of the Trustee may charge the Holder for their expenses in replacing a Note. In the event case any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Obligors in its their discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be is an additional obligation of the Issuer. The provisions Obligors and shall be entitled to the benefits of this Section 2.07 are exclusive and will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken NotesIndenture.
Appears in 1 contract
Sources: Indenture (Time Warner Telecom LLC)
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar or if the Holder claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note of the same series in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. If required by the Trustee or the Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee, the Security Agent, the Paying Agent, the Transfer Agent, the Registrar and any co-Registrar, and any authenticating agent, from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee may charge the Holder for their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Notes.
Appears in 1 contract
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar Trustee or if the Holder claims that the Note has been lost, destroyed or wrongfully taken, then, in the Issuer absence of notice to the Obligors or the Trustee that such Note has been acquired by a bona fide purchaser, the Obligors shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in such form as of like tenor and principal amount and bearing a number not contemporaneously outstanding; provided that the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trusteethis Section 2.06 are met. If required by the Trustee or the IssuerObligors, such Holder shall furnish an indemnity bond must be furnished that is sufficient in the judgment of both the Issuer Trustee and the Trustee Obligors to protect the IssuerObligors, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and Trustee or any co-Registrar, and any authenticating agent, Agent from any loss that any of them may suffer if a Note is replaced. The Issuer Obligors may charge such Holder for its expenses and the expenses of the Trustee may charge the Holder for their expenses in replacing a Note. In the event case any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Obligors in its their discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be is an additional obligation of the IssuerObligors and shall be entitled to the benefits of this Indenture. The provisions of this Section 2.07 are exclusive and will shall preclude (to the extent lawful) all other rights and remedies against the Obligors and the Trustee with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Notes.
Appears in 1 contract
Sources: Indenture (Time Warner Telecom LLC)
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar Trustee or if the Holder claims presents evidence to the satisfaction of the Issuer and the Trustee that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the TrusteeNote. If An indemnity bond may be required by the Trustee Issuer or the Issuer, such Holder shall furnish an indemnity bond Trustee that is sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and Trustee or any co-Registrar, and any authenticating agent, Agent from any loss that which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. The Issuer and the Trustee may charge the Holder for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and will shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyedlost, lost destroyed or wrongfully taken Notes.
Appears in 1 contract
Sources: Indenture (Muzak LLC)
Replacement Notes. If a mutilated Definitive Registered certificated Note is surrendered to the Registrar or if the Holder claims that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee shall (or shall direct the authenticating agent to), upon as soon as reasonably practicable following receipt of an Issuer Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of Trustee or the TrusteeIssuers. If required by the Trustee or the IssuerIssuers, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer Issuers and the Trustee to protect the IssuerIssuers, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and any co-Registrar, co- Registrar and any authenticating agent, agent from any loss that any of them may suffer if a Note is replaced. The Issuer Issuers and the Trustee may charge the Holder for their expenses in replacing a Note. In Outstanding Notes. Notes outstanding at any time are all Notes authenticated by the event any such mutilatedTrustee (or the authenticating agent) except for those cancelled by it, lost, destroyed or wrongfully taken Note has become or is about those delivered to become due it for cancellation and payable, the Issuer those described in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and will preclude (2.08 as not outstanding. A Note does not cease to be outstanding because either Issuer or an Affiliate of either Issuer holds the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken NotesNote.
Appears in 1 contract
Sources: Indenture
Replacement Notes. If a any mutilated Definitive Registered Note is surrendered to the Registrar Trustee, or if the Holder claims that Issuer and the Note has been lostTrustee receive evidence to their satisfaction of the destruction, destroyed loss or wrongfully takentheft of any Note, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to)Trustee, upon receipt of an Issuer Order, shall authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable Trustee’s requirements of the Issuer and any requirement of the Trusteeare met. If required by the Trustee or the Issuer, such Holder shall furnish an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Issuer Trustee and the Trustee Issuer to protect the Issuer, the Trustee, the Paying Agent, the Transfer Agent, the Registrar and any co-Registrar, Agent and any authenticating agent, agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee may charge the a Holder for their expenses in replacing a Note. In the event any such mutilated, lostdestroyed, destroyed lost or wrongfully taken stolen Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 2.7 are exclusive and will shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken stolen Notes.
(1) NTD: To be confirmed. Every replacement Note is an additional obligation of the Issuer and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Sources: Indenture (LiveWatch Security, LLC)
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar or if the Holder claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. If required by the Trustee or the Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee, the Collateral Agent, the Paying Agent, the Transfer Agent, the Registrar and any co-Registrar, and any authenticating agent, from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee may charge the Holder for their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Notes.
Appears in 1 contract
Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Registrar or if the Holder claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement Note in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. If required by the Trustee or the Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee, the Collateral Trustee, the Paying Agent, the Transfer Agent, the Registrar and any co-Registrar, and any authenticating agent, from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee may charge the Holder for their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Notes.
Appears in 1 contract