Common use of Replacement Notes Clause in Contracts

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order of the Issuer signed by an Officer of the Issuer, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their expenses in replacing a Note. 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 20 contracts

Sources: Indenture (Triumph Group Inc), Indenture (BlueLinx Holdings Inc.), Indenture (Triumph Group Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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. Every replacement Note is an additional a contractual 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 16 contracts

Sources: Senior Subordinated Notes Indenture (Claires Stores Inc), Indenture (NXP Semiconductors N.V.), Indenture (Freescale Semiconductor, Ltd.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer Issuers and 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 (Anywhere Real Estate Group LLC), Indenture (Anywhere Real Estate Group LLC), Indenture (Realogy Group LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, 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 Issuer, an indemnity bond must be supplied by the Holder that is security sufficient in the judgment of the Trustee (with respect to the Trustee) and the Issuer (with respect to the Issuer) to protect the Issuer, 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 Issuer and the Trustee may charge for 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 Issuer and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderIssuer.

Appears in 12 contracts

Sources: Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.)

Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer Issuers or (y) if the Issuers and the Trustee receive evidence to their satisfaction of the ownership and destruction, loss or theft of any Note, then the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the IssuerTrustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer Issuers and the Trustee may shall charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer Issuers and 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 (Magnolia Oil & Gas Corp), Indenture (Vine Energy Inc.), Indenture (Vine Energy Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note of like tenor if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their its expenses in replacing a Note. Every replacement Note is an additional a contractual 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 8 contracts

Sources: Indenture (Community Choice Financial Inc.), Indenture (Community Choice Financial Inc.), Indenture (Community Choice Financial Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Registrar, the Issuer and the Trustee receive evidence to their satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s and the Issuer’s requirements are met. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is so replaced. The Issuer and the Trustee may charge for their its expenses (including the expenses of the Trustee) in replacing a Note. Every replacement Note is an additional a contractual 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 hereunderunder this Indenture.

Appears in 8 contracts

Sources: Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or if the Issuer and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order of the Issuer signed by an Officer of the Issuer, shall authenticate a replacement Note if the Trustee’s requirements of this Section 2.07 are met. If required by the Trustee Issuer or the IssuerTrustee, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their its expenses in replacing a Note. 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 8 contracts

Sources: Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc)

Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer or (y) if the Issuer and the Trustee receive evidence to their satisfaction of the ownership and destruction, loss or theft of any Note, then the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee to protect the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee may shall charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional a contractual 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 7 contracts

Sources: Indenture (Alliant Energy Corp), Indenture (Michaels Companies, Inc.), Indenture (Michaels Companies, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall Issuers will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee and (ii) the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Issuers and shall 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 (Forbes Energy Services Ltd.), Indenture (Forbes Energy Services Ltd.), Notes Purchase Agreement (Forbes Energy Services Ltd.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer and the Trustee receive receives evidence to each of their satisfaction of the destruction, loss or theft of any Note, the Issuer shall will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee to protect the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss loss, liability or expense that any of them may suffer if a Note is replaced. The Issuer and the Trustee may charge for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer and shall 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, Indenture, Indenture (Broadcom Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the a Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their expenses in replacing a Note. Every replacement Note is an additional a contractual 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 6 contracts

Sources: Indenture (Energy Future Intermediate Holding CO LLC), Indenture (Energy Future Intermediate Holding CO LLC), Indenture (Texas Competitive Electric Holdings CO LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee and (ii) the Issuer to protect the Issuer, the Trustee, any Agent 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 for their its expenses in replacing a Note, including reasonable fees and expenses of its counsel and of the Trustee and its counsel. Every replacement Note is an additional obligation of the Issuer and shall 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, Indenture, Indenture

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements set forth in Section 2.2 are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 a Holder for their expenses in replacing a Note. 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 6 contracts

Sources: Indenture (Carrols Restaurant Group, Inc.), Indenture (Jack Cooper Holdings Corp.), Indenture (Jack Cooper Logistics, LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer Issuers and 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: Base Indenture (Dell Technologies Inc.), Base Indenture (Dell Technologies Inc), Base Indenture (Denali Holding Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall Issuers will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s 's requirements hereunder are met. If required by the Trustee or the either Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge the applicable Holder for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Issuers and shall 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 (Calpine Corp), First Priority Indenture (Delta Energy Center, LLC), Third Priority Secured Notes Indenture (Delta Energy Center, LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s and the Issuer’s requirements are met. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their its expenses (including the expenses of the Trustee) in replacing a Note. Every replacement Note is an additional a contractual 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 hereunderunder this Indenture.

Appears in 5 contracts

Sources: Indenture (Meredith Corp), Indenture (Meredith Corp), Indenture (Time Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer Issuers and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer shall Issuers will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will 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 Issuer, an indemnity bond must be supplied by the Holder that is security sufficient in the judgment of the Trustee (with respect to the Trustee) and the Issuer Issuers (with respect to the Issuers) to protect the IssuerIssuers, 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 Issuer Issuers and the Trustee may charge for 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 Issuer and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderIssuers.

Appears in 5 contracts

Sources: Indenture (Neiman Marcus Group LTD LLC), Indenture (Neiman Marcus Group LTD LLC), Indenture (Neiman Marcus Group LTD LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and and/or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional a contractual 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 5 contracts

Sources: Indenture (Western Refining, Inc.), Indenture (Toys R Us Inc), Indenture (Hca Inc/Tn)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer Issuer, the Trustee and the Trustee Agents may charge for their expenses in replacing a Note. 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 5 contracts

Sources: Indenture (Newell Brands Inc.), Indenture (Brinker International, Inc), Indenture (PROG Holdings, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or either the Company or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer Company shall issue and the Trustee, upon the written receipt of an authentication order of the Issuer signed by an Officer of the Issuerin accordance with Section 2.2, shall authenticate a replacement Note if the Trustee’s requirements for replacement of Notes are met. If required by the Trustee or the IssuerCompany, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Company to protect the IssuerCompany, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer Trustee and the Trustee Company may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Company and 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 (Mobile Mini Inc), Indenture (Mobile Mini Inc), Indenture (Total Gas & Electricity (PA) Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Holder or Issuers satisfies the reasonable requirements of the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Issuers and 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: Amended and Restated Indenture (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp), Indenture (HCS Ii Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee for itself and (ii) the Issuer to protect the Issuer, the Trustee, any 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 Holder for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer and shall 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 (Tronox Holdings PLC), Indenture (Tronox Holdings PLC), Indenture (Tronox LTD)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss loss, liability or expense that any of them may suffer if a Note is replacedreplaced and subsequently presented or claimed for payment. The Issuer and the Trustee may charge for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer and shall 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 (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer Issuers and the Trustee receive receives evidence to their satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer Issuers and 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 (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Indenture (Avago Technologies LTD), Indenture (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their expenses in replacing a Note. Every replacement Note is an additional a contractual 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 4 contracts

Sources: Indenture (Domus Holdings Corp), Indenture (Domus Holdings Corp), Indenture (Realogy Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee to protect the Trustee and in the judgment of the Issuer to protect the Issuer, the Trustee, any Agent 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 for their its expenses (including the expenses of the Trustee) in replacing a Note. Every replacement Note is an additional a contractual 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 4 contracts

Sources: Indenture (SS&C Technologies Holdings Inc), Indenture (Black Knight, Inc.), Indenture (SS&C Technologies Holdings Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall Issuers will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required Upon written request for replacement of a Note by a Holder, the Trustee or and the Issuer, Issuers shall receive an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge the Holder for their expenses in replacing a Note, with any expense of the Trustee to be reimbursed in accordance with the terms of this Indenture. Every replacement Note is an additional obligation of the Issuer Issuers and shall 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 (Endo International PLC), Indenture (Endo International PLC), Indenture (Horizon Pharma PLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, 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 Issuer and the Trustee may charge for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer and shall 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 (Walter Energy, Inc.), Indenture (Walter Energy, Inc.), Indenture (Walter Energy, Inc.)

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge for their expenses in replacing a Note. . (b) Every replacement Note is an additional obligation of the Issuer Issuers and 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 (Cablevision Systems Corp /Ny), Indenture (Solo Cup CO), Indenture (Cablevision Systems Corp /Ny)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the an Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their expenses in replacing a Note. Every replacement Note is an additional a contractual 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 3 contracts

Sources: Indenture (Energy Future Intermediate Holding CO LLC), Indenture (Energy Future Intermediate Holding CO LLC), Indenture (Energy Future Intermediate Holding CO LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or either the Company or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer Company shall issue and the Trustee, upon the written receipt of an authentication order of the Issuer signed by an Officer of the Issuerin accordance with Section 2.2, shall authenticate a replacement Note if the Trustee’s 's requirements for replacement of Notes are met. If required by the Trustee or the IssuerCompany, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Company to protect the IssuerCompany, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer Trustee and the Trustee Company may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Company and 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 (Dan River Inc /Ga/), Indenture (Mobile Mini Inc), Indenture (Nacg Finance LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the an Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their its expenses in replacing a Note. Every replacement Note is an additional a contractual 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 3 contracts

Sources: Indenture (Laureate Education, Inc.), Indenture (Laureate Education, Inc.), Indenture (Laureate Education, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or either the Company or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer Company shall issue and the Trustee, upon the written receipt of an authentication order of the Issuer signed by an Officer of the Issuerin accordance with Section 2.2, shall authenticate a replacement Note if the Trustee’s 's requirements for replacement of Notes are met. If required by the Trustee or the IssuerCompany, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Company to protect the IssuerCompany, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer Trustee and the Trustee Company each may charge such Holder for their expenses in replacing a such Note. Every replacement Note is an additional obligation of the Issuer Company and 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 (Davis-Standard CORP), Indenture (Davis-Standard CORP), Indenture (Town Sports International Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer Issuers and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, 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 Issuer, an indemnity bond must be supplied by the Holder that is security sufficient in the judgment of the Trustee (with respect to the Trustee) and the Issuer Issuers (with respect to the Issuers) to protect the IssuerIssuers, 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 Issuer Issuers and the Trustee may charge for 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 Issuer and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderIssuers.

Appears in 3 contracts

Sources: Indenture (Atotech LTD), Indenture (Axalta Coating Systems Ltd.), Indenture (Axalta Coating Systems Ltd.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order of the Issuer signed by an Officer two Officers of the Issuer, shall authenticate a replacement Note if the Trustee’s requirements for replacements of Notes are met. If required by the Trustee or the Issuer, the Holder must supply an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, 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 Issuer and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional a joint and several 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 hereunderIssuer.

Appears in 3 contracts

Sources: Indenture (Akumin Inc.), Restructuring Support Agreement (Akumin Inc.), Indenture (Akumin Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall Issuers will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, 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 Issuer and the Trustee Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Issuers and shall the Guarantors 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 (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer Issuers and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order of the Issuer Issuers signed by an Officer of each of the IssuerIssuers, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Issuers 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 (Ryerson Holding Corp), Indenture (Ryerson International Material Management Services, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or either of the Issuers or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written receipt of an authentication order of the Issuer signed by an Officer of the Issuerin accordance with Section 2.2 hereof, shall authenticate a replacement Note if the Trustee’s 's requirements for replacement of Notes are met. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer Trustee and the Trustee Issuers each may charge such Holder for their expenses in replacing a such Note. Every replacement Note is an additional obligation of the Issuer Issuers 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 (Superior Essex Inc), Indenture (Aas Capital Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer and the Trustee receive receives evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer shall will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Issuer’s and the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer and shall 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 (Saratoga Resources Inc /Tx), Indenture (Saratoga Resources Inc /Tx)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall Issuers will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond bond, indemnity and/or security must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer Issuers and the Trustee may charge for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Issuers and shall 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 (Herbalife Ltd.), Indenture (Herbalife Nutrition Ltd.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to each of their satisfaction of the destruction, loss or theft of any Note, the Issuer shall Issuers will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the IssuerTrustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss loss, liability or expense that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Issuers and shall 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 (Broadcom Cayman L.P.), Indenture (Broadcom LTD)

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer and Company or the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer Company shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s and the Company’s requirements are met. If required by the Trustee or the IssuerCompany, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Company to protect the IssuerCompany, 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 Issuer and the Trustee Company may charge for their its expenses in replacing a Note. . (b) Every replacement Note is an additional obligation of the Issuer Company and the 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 (Caleres Inc), Indenture (Brown Shoe Co Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Registrar, the Issuer and the Trustee receive evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s and the Issuer’s requirements are met. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is so replaced. The Issuer and the Trustee may charge for their its expenses (including the expenses of the Trustee) in replacing a Note. Every replacement Note is an additional a contractual 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 hereunderunder this Indenture.

Appears in 2 contracts

Sources: Indenture (Fortress Transportation & Infrastructure Investors LLC), Indenture (Fortress Transportation & Infrastructure Investors LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order of the Issuer signed by an Officer of the Issuer, shall authenticate a replacement Note if the Trustee’s requirements under the Indenture are met. If required by the Trustee Issuer or the IssuerTrustee, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their its expenses in replacing a Note. 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 2 contracts

Sources: Indenture (Amf Bowling Worldwide Inc), Indenture (Amf Bowling Worldwide Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall Issuers will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee for itself and (ii) the Issuer Issuers to protect the IssuerIssuers, the Trustee, any 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 Issuers may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Issuers and shall 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 (Huntsman International LLC), Indenture (Venator Materials PLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the any Co-Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall Co-Issuers will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerCompany, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Company to protect the IssuerCo-Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Co-Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Co-Issuers and shall 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 (Rivian Automotive, Inc. / DE), Indenture (Rivian Automotive, Inc. / DE)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their its expenses in replacing a Note. Every replacement Note is an additional a contractual 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 2 contracts

Sources: Indenture (Restaurant Co of Minnesota), Indenture (Cogent Management Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer Issuers and the Issuers and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, 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 Issuer, an indemnity bond must be supplied by the Holder that is security sufficient in the judgment of the Trustee (with respect to the Trustee) and the Issuer Issuers (with respect to the Issuers) to protect the IssuerIssuers, 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 Issuer Issuers and the Trustee may charge for 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 Issuer and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderIssuers.

Appears in 2 contracts

Sources: Indenture (Ortho Clinical Diagnostics Holdings PLC), Indenture (Ortho Clinical Diagnostics Holdings PLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee to protect the Trustee and in the judgment of the Issuer to protect the Issuer, the Trustee, any Agent 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 for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer and shall 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 (Alpha Natural Resources, Inc.), Indenture (Alpha Natural Resources, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and and/or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer and shall be entitled to all of the benefits of this First Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Sources: Supplemental Indenture (HCA Holdings, Inc.), Supplemental Indenture (HCA Holdings, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer Registrar or the Issuers and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer Issuers, the Trustee and the Trustee Agents may charge for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Issuers 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 (American Finance Trust, Inc), Indenture (Global Net Lease, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order of the Issuer signed by an Officer of the Issuer, Trustee shall authenticate a replacement Note if the Trustee’s requirements for replacements of Notes are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee and (ii) the Issuer to protect the Issuer, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and or the Trustee may charge for their expenses in replacing a Note. 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 2 contracts

Sources: Indenture Agreement (Usec Inc), Indenture Agreement (Majestic Holdco, LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer and the Trustee each receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order of the Issuer signed by an Officer of the Issuer, Trustee shall authenticate a replacement Note if the Trustee’s requirements for replacements of Notes are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee and (ii) the Issuer to protect the Issuer, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and or the Trustee may charge for their expenses in replacing a Note. 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 2 contracts

Sources: Indenture Agreement (Centrus Energy Corp), Indenture Agreement (United States Enrichment Corp)

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge for their expenses in replacing a Note. . (b) Every replacement Note is an additional obligation of the Issuer Issuers 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 (Rainbow Media Enterprises, Inc.), Indenture (Rainbow Media Enterprises, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall Issuers will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note of like tenor and principal amount, bearing a number not contemporaneously outstanding, if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, Trustee and in the Trusteejudgment of the Issuers to protect the Issuers, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Issuers and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Partnership in its discretion may, instead of issuing a new Note, pay such Note.

Appears in 2 contracts

Sources: Indenture (CVR Energy Inc), Indenture (CVR Partners, Lp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the IssuerTrustee and in the judgment of the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge for their its expenses (including the expenses of the Trustee) in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer Issuers 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 (GoDaddy Inc.), Indenture (GoDaddy Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer DIMAC Holdings and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer DIMAC Holdings shall issue and the Trustee, upon the written order of the Issuer signed by an Officer of the Issuer, 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 IssuerDIMAC Holdings, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer DIMAC Holdings to protect the IssuerDIMAC Holdings, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and DIMAC Holdings or the Trustee may charge for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer DIMAC Holdings 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 (Dimac Holdings Inc), Securities Purchase Agreement (DMW Worldwide Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee (with respect to the Trustee) and the Issuer Issuers (with respect to each Issuer) to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and Issuers and/or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer Issuers 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 (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Holdings, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer Issuers and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order of the Issuer Issuers signed by an Officer of the each Issuer, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Issuers 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 (Ryerson Holding Corp), Indenture (Ryerson International Material Management Services, Inc.)

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their its expenses in replacing a Note. . (b) 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 (Haights Cross Operating Co)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and and/or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer and shall be entitled to all of the benefits of this Second Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Sources: Supplemental Indenture (HCA Holdings, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their expenses its expenses, including the Trustee’s expenses, in replacing a Note. [[DMS:3863145v3:05/24/2019--10:26 AM]] 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 (Taylor Morrison Home Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note of the same series if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuer Issuers 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 (Charter Communications Inc /Mo/)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Company and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall Company will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by (i) the Trustee to protect the Trustee or (ii) the IssuerCompany, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Company to protect the IssuerCompany, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Company may charge for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Company and shall will 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 (SAExploration Holdings, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer Issuers and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements set forth in Section 2.2 are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating 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. Every replacement Note is an additional obligation of the Issuer Issuers 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 (Bumble Bee Capital Corp.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer Issuers and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of an Officer’s Certificate of the Issuer signed by an Officer of the IssuerIssuers in accordance with Section 2.02 hereof, shall authenticate a replacement Note if the Trustee’s requirements for replacements of Notes are met. If required by the Trustee or the IssuerIssuers, the Holder must supply an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, 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 Issuer Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional a joint and several 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 hereunderIssuers.

Appears in 1 contract

Sources: Indenture (Cedar Fair L P)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall Issuers will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer Issuers and shall will 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 (Texas Genco Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating 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. Every replacement Note is an additional a contractual obligation of the Issuer Issuers 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: Senior Subordinated Notes Indenture (ASC Acquisition LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the an Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Issuers 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 (Nexstar Broadcasting Group Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, Table of Contents the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their its expenses in replacing a Note. Every replacement Note is an additional a contractual 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 (Avantor, Inc.)

Replacement Notes. If (i) any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer or (ii) the Issuer and the Trustee receive evidence to their satisfaction of the ownership and destruction, loss or theft of any Note, then the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 applicable Holder for their its expenses in replacing a Note. Every replacement Note is an additional a contractual 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 (Michaels Stores Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and and/or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer and shall be entitled to all of the benefits of this Fifth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Sources: Supplemental Indenture (HCA Holdings, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order of the Issuer signed by an Officer of the Issuer, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 a Holder for their expenses in replacing a Note. 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 (Kemet Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the IssuerTrustee and in the judgment of the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating 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. Every replacement Note is an additional a contractual obligation of the Issuer Issuers 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 (Onity Group Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the an Issuer signed by an Officer of the IssuerOrder, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee to protect itself and in the reasonable judgment of the Issuer to protect the Issuer, the Trustee, any Agent 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 a Holder for their expenses in replacing a Note. 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 (Entercom Communications Corp)

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their its expenses in replacing a Note. . (b) 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 (Nexstar Broadcasting Group Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall Issuers will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee and (ii) the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge for their its expenses in replacing a Note, including reasonable fees and expenses of its counsel and of the Trustee and its counsel. Every replacement Note is an additional obligation of the Issuer Issuers and shall will 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 (PRETIUM CANADA Co)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by NY\5800144.17 the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer and shall will 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 (Midamerican Energy Holdings Co /New/)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall Issuers will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note of like tenor and principal amount, bearing a number not contemporaneously outstanding, if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Issuers and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note.

Appears in 1 contract

Sources: Indenture (CVR Energy Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and and/or the Trustee may charge for their its expenses in replacing a Note. Every replacement Note is an additional a contractual 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 (SeaWorld Entertainment, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer shall will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will 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 Issuer, an indemnity bond must be supplied by the Holder that is security sufficient in the judgment of the Trustee (with respect to the Trustee) and the Issuer (with respect to the Issuer) to protect the Issuer, 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 Issuer and the Trustee may charge for 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 Issuer and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderIssuer.

Appears in 1 contract

Sources: Indenture (Leslie's, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Subsidiary Guarantors, the Trustee, any Agent 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 for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer and shall will 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 (WESTMORELAND COAL Co)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or either of the Issuers or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written receipt of an authentication order of the Issuer signed by an Officer of the Issuerin accordance with Section 2.2 hereof, shall authenticate a replacement Note if the Trustee’s requirements for replacement of Notes are met. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer Trustee and the Trustee Issuers each may charge such Holder for their expenses in replacing a such Note. Every replacement Note is an additional obligation of the Issuer Issuers 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 (Oak Ridger LLC)

Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer, or (y) if the Issuer and the Trustee receive evidence to their satisfaction of the ownership and destruction, loss or theft of any Note, then the Issuer shall issue and the Trustee, upon the written order receipt of an Authentication Order and satisfaction of any other requirements of the Issuer signed by an Officer of the IssuerTrustee, shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their its expenses in replacing a Note. Every replacement Note is an additional a contractual 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 (Clear Channel Communications Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Issuer Issuers and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order of the Issuer Issuers signed by an Officer two Officers of each of the IssuerIssuers, shall authenticate a replacement Note if the Trustee’s 's requirements for replacements of Notes are met. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Issuers 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 (Remington Products Co LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement re- placement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the IssuerTrustee and in the judgment of the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer Issuers and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderhereun- der.

Appears in 1 contract

Sources: Indenture (Baldwin Insurance Group, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their its expenses in replacing a Note. 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 (Radio One, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or either the Company or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer Company shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order in accordance with Section 2.2, shall authenticate a replacement Note if the Trustee’s requirements for replacement of Notes are met. If required by the Trustee or the IssuerCompany, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Company to protect the IssuerCompany, 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 Issuer Trustee and the Trustee Company may each charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Company 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 (MxEnergy Holdings Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Partnership and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer Partnership shall issue and the Trustee, upon the written order of the Issuer Partnership signed by an Officer two Officers of the IssuerPartnership, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the IssuerPartnership, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Partnership to protect the IssuerPartnership, 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 Issuer and the Trustee Partnership may charge for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Partnership 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 (Northern Border Partners Lp)

Replacement Notes. If any mutilated Note is surrendered to the TrusteeRegistrar, Trustee or the Issuer and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent 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 for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer and shall will 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 (Manchester United Ltd.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and and/or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer and shall be entitled to all of the benefits of this Ninth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Sources: Supplemental Indenture (HCA Holdings, Inc.)

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to their satisfaction of the destruction, loss or theft of any Note, the Issuer shall Issuers will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Issuers’ and the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Trustee Issuers may charge for their its expenses in replacing a Note. . (b) Every replacement Note is an additional obligation of the Issuer Issuers and shall will be entitled to all of the benefits of this Indenture hereof equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Sources: Indenture (Black Elk Energy Finance Corp.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, 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 Issuer and and/or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer and shall be entitled to all of the benefits of this Thirty-Seventh Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Sources: Supplemental Indenture (HCA Healthcare, Inc.)

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Note, the Issuer shall Issuers will issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer Issuers and the Trustee may charge for their expenses in replacing a Note. . (b) Every replacement Note is an additional obligation of the Issuer Issuers and shall will 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 (American Casino & Entertainment Properties LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, 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 Issuer Issuers and the Trustee may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer Issuers 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 (CDW Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and and/or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer and shall be entitled to all of the benefits of this Tenth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Sources: Supplemental Indenture (HCA Holdings, Inc.)

Replacement Notes. If any If (a) a mutilated Note is surrendered to the TrusteeTrustee or (b) the Holder claims that a Note held by such Holder has been lost, destroyed or the Issuer wrongfully taken and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Notethereof, the Issuer Company shall issue and the TrusteeTrustee shall, upon receipt of written request or instructions from the written order of the Issuer signed by an Officer of the IssuerCompany, shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the IssuerCompany, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Company to protect the IssuerCompany, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and the Company or Trustee may charge for their its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Company 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 (Reeves Industries Inc /De/)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Issuer Issuers and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer Issuers shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer Issuers, the Trustee and the Trustee Agents may charge for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Issuers 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 (Bloomin' Brands, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Issuer and the Trustee receive receives evidence to their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer shall issue and the Trustee, upon the written order receipt of the Issuer signed by an Officer of the IssuerAuthentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee (with respect to the Trustee) and the Issuer (with respect to the Issuer) to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuer and and/or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional a contractual 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 (Cogent Communications Group Inc)