Common use of Replacement Notes Clause in Contracts

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

Appears in 23 contracts

Sources: Indenture (L-3 Communications Cincinnati Electronics CORP), Indenture (L 3 Communications Holdings Inc), Indenture (Von Hoffmann Holdings Inc)

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

Appears in 15 contracts

Sources: Indenture (Albecca Inc), Supplemental Indenture (Century Parking Inc), Indenture (Ameriserve Transportation Inc)

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

Appears in 9 contracts

Sources: Indenture (Vantage Drilling International), Indenture (Vantage Drilling International), Indenture (OFFSHORE GROUP INVESTMENT LTD)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company Company, the Trustee and the Agents may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 9 contracts

Sources: Indenture (Unisys Corp), Indenture (Group 1 Automotive Inc), Indenture (Switch, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the TrusteeTrustee or the Company, or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 8 contracts

Sources: Indenture (Wheeling Pittsburgh Steel Corp /De), Indenture (Wheeling Pittsburgh Corp /De/), Indenture (Wheeling Pittsburgh Steel Corp /De)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Ocean Energy Inc), Indenture (Blount International Inc), Indenture (Ames Department Stores Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives and the Company receive evidence (which evidence may be from the Trustee) to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (United Musical Instruments Usa Inc), Indenture (RFS Partnership Lp), Indenture (RFS Hotel Investors Inc)

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

Replacement Notes. If any a mutilated Note is surrendered to the TrusteeTrustee or if a Holder claims that its Note has been lost, destroyed or the Company wrongfully taken and the Trustee receives evidence to its satisfaction of the destructionownership and loss, loss destruction or theft of any such Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied provided by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for its the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is an additional a contractual obligation of the 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 7 contracts

Sources: Indenture (Block, Inc.), Indenture (Square, Inc.), Indenture (Square, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives and the Company receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee to protect the Trustee, and the Company to protect the Company, the Guarantors, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (W&t Offshore Inc), Indenture (W&t Offshore Inc), Indenture (W&t Offshore Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee (with respect to the Trustee) and the Company (with respect to the Company) to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and/or the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the 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 6 contracts

Sources: Indenture (Cogent Communications Holdings, Inc.), Indenture, Indenture (Cogent Communications Holdings, Inc.)

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

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and or if the Trustee receives credible evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's ’s standard requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee determined for itself and the Company determined for itself to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and the Trustee receives and the Company receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's and the Company's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Massic Tool Mold & Die Inc), Credit Agreement (Massic Tool Mold & Die Inc), Indenture (Houston Exploration Co)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue execute and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee and (ii) the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge a Holder for its their expenses in replacing a Note. Every replacement Note is shall be an additional obligation of the 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 (Target Hospitality Corp.), Indenture (WillScot Mobile Mini Holdings Corp.), Indenture (Target Hospitality Corp.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the TrusteeTrustee or authenticating agent, upon receipt of an Authentication Order when the written order Notes are in the form of the Company signed by two Officers of the CompanyDefinitive Notes, shall will authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 5 contracts

Sources: Indenture (Chord Energy Corp), Indenture (Viper Energy Partners LP), Indenture (Oasis Petroleum Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements for replacements of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Each of the Company and the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderGuarantors.

Appears in 4 contracts

Sources: Indenture (Echostar Communications Corp), Indenture (Echostar DBS Corp), Indenture (Echostar DBS Corp)

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

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements for replacements of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Each of the Company and the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.

Appears in 4 contracts

Sources: Indenture (Echostar Communications Corp), Indenture (Echostar Broadband Corp), Indenture (Echostar Communications Corp)

Replacement Notes. (a) If any mutilated Note is surrendered to the TrusteeTrustee or the Company, or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. . (b) Every replacement Note is an additional obligation of the 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 4 contracts

Sources: Indenture (Tousa Delaware Inc), Indenture (Greif Brothers Corp), Indenture (Rent Way Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Company or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Company’s or the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a NoteNote (including Trustee’s fees and expenses). Every replacement Note is an additional obligation of the 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 4 contracts

Sources: Indenture (Red Rock Resorts, Inc.), Indenture (Red Rock Resorts, Inc.), Indenture (Red Rock Resorts, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the 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 (Fortrea Holdings Inc.), Indenture (Ardent Health Partners, LLC), Indenture (Ahny-Iv LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee to protect the Trustee and in the judgment of the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation a Contractual Obligation of the 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 (MultiPlan Corp), Indenture (MultiPlan Corp), Indenture (MultiPlan Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's and the Company's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Wdra Food Service Inc), Indenture (Stewart Enterprises Inc), Indenture (Klingel Carpenter Mortuary Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the CompanyOfficers, shall authenticate a replacement Note if the Trustee's requirements for replacement of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits benefit of this Indenture equally and proportionately with all other Notes duly issued hereunderIndenture.

Appears in 3 contracts

Sources: Indenture (Trinity Marine Products, Inc.), Indenture (Westinghouse Air Brake Technologies Corp), Indenture (Trinity Industries Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee to protect the Trustee and in the judgment of the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss or liability that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 3 contracts

Sources: Indenture, Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.)

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

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trusteeand, upon receipt of an Authentication Order in accordance with Section 2.02 hereof, the written order of the Company signed by two Officers of the Company, Trustee shall authenticate a replacement Note if the Trustee's requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide an affidavit of loss and indemnity that is sufficient sufficient, in the judgment of the Trustee and or the Company Company, to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company may charge for its reasonable expenses in replacing a Noteconnection with such replacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company Company, evidencing the same debt as the destroyed, lost or stolen Note, 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 (Psychiatric Solutions Inc), Indenture (Texas San Macros Treatment Center Lp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers one Officer of the Company, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by In connection with the replacement of a Note, the Company and the Trustee or the Company, will require an indemnity bond must be supplied by from the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (VWR Corp), Indenture (VWR Funding, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the TrusteeTrustee or the Company, or the Company Trustee and the Trustee receives Company receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's additional requirements set forth below are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee and (ii) the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Alon Refining Krotz Springs, Inc.), Indenture (Alon USA Energy, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee and (ii) the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the 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 2 contracts

Sources: Indenture (Alta Equipment Group Inc.), Indenture (Alta Equipment Group Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives and the Company receive evidence (which evidence may be from the Trustee) to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (CSK Auto Corp), Indenture (Steinway Musical Instruments Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note of the same series if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Indenture Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Revlon Consumer Products Corp), Indenture (Revlon Consumer Products Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the a Company signed by two Officers of the CompanyOrder, shall authenticate a replacement Note if the Trustee's requirements are met, and cancel the mutilated, destroyed, lost or stolen Note, as the case may be. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Magna Entertainment Corp), Indenture (Magna Entertainment Corp)

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

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers an Authentication Order, an Officers’ Certificate and an Opinion of the CompanyCounsel, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company or the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 2 contracts

Sources: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc)

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

Sources: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must shall be supplied required by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses (including reasonable expenses of counsel) in replacing a Note. Every replacement Note is an additional obligation of the 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 2 contracts

Sources: Indenture (Medianews Group Inc), Indenture (Medianews Group Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Note Custodian, the Depositary or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements for replacements of Notes are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Caraustar Industries Inc), Indenture (Caraustar Industries Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or either the Company and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of each of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 2 contracts

Sources: Indenture (K&f Industries Inc), Indenture (K&f Industries Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the independent judgment of of, as applicable, the Trustee and or the Company to protect the Companyprotect, as applicable, the Trustee’s or the Company’s respective interests, and/or to protect the interests of any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (WHX Corp), Indenture (Handy & Harman Ltd.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its each of their satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee (with respect to the Trustee) and the Company (with respect to the Company) to protect the Company, the Trustee, any Agent and any authenticating agent from any loss or expense that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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: First Supplemental Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or and the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue issue, and the Trustee, upon the written order of the Company signed by two Officers of the CompanyOfficers, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Matrix Capital Corp /Co/), Indenture (Df Special Holdings Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence (which evidence may be from the Trustee) to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an affidavit of lost certificate and/or an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note, including reasonable fees and expenses of its counsel and of the Trustee and its counsel. Every replacement Note is an additional obligation of the 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 2 contracts

Sources: Indenture (General Nutrition Companies Inc), Indenture (General Nutrition Centers Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee and the Company each receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements of this Indenture are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Sun Medical Technologies Inc /Ca/), Indenture (Prime Medical Services Inc /Tx/)

Replacement Notes. If any a mutilated Note is surrendered to the TrusteeTrustee or if a Holder claims that its Note has been lost, destroyed or the Company wrongfully taken and the Trustee receives evidence to its satisfaction of the destructionownership and loss, loss destruction or theft of any such Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's Trustee‟s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied provided by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for its the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is an additional a contractual obligation of the 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 2 contracts

Sources: Indenture, Indenture

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Registrar or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company Company, the Trustee and the Agents may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 2 contracts

Sources: Indenture (MasterBrand, Inc.), Indenture (Atkore Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note of like tenor if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the 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 2 contracts

Sources: Indenture (United States Steel Corp), Indenture (United States Steel Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and or the Trustee receives evidence to its reasonable satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's reasonable requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the reasonable judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation Obligation of the 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 2 contracts

Sources: Indenture (Pacific Aerospace & Electronics Inc), Indenture (Pacific Aerospace & Electronics Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the 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 2 contracts

Sources: Indenture (Beazer Homes Usa Inc), Indenture (Beazer Homes Usa Inc)

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

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the receipt of a written authentication order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 2 contracts

Sources: Indenture (Cumulus Media Inc), Indenture (Lomak Petroleum Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements for replacements of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Guarantors, 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 Each of the Company and the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderGuarantors.

Appears in 2 contracts

Sources: Indenture (Echostar DBS Corp), Indenture (Echostar DBS Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for its expenses in replacing a Note. Every replacement Note is an additional obligation Obligation of the 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 2 contracts

Sources: Indenture (Air Rental Supply Inc), Indenture (Pacific Aerospace & Electronics Inc)

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee, a Trustee or the Company and the such Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the a Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee Trustees and the Company to protect the Company, the TrusteeTrustees, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for its any expenses in replacing a Note. . (b) Every replacement Note is an additional obligation Obligation of the 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 2 contracts

Sources: Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an "open-penalty" indemnity bond must be supplied by the Holder at its expense that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for its expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 (Key Energy Group Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives and the Company receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses (including reasonable attorneys' fees and expenses) in replacing a Note. Every replacement Note is an additional obligation of the 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 Agreement (Uk Abba Products Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements set forth herein are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Flextronics International LTD)

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge such Holder for its expenses in replacing a Note. . (b) Every replacement Note is an additional obligation of the 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 (Moog Inc)

Replacement Notes. If any mutilated Note is surrendered by the Holder to the TrusteeTrustee or the Company, or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers an Officer of the Company, and subject to the following sentence, shall authenticate a replacement Note if the Trustee's requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 (Panther Transport Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and or if the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, then, in the absence of notice to the Company that the Note has been acquired by a protected purchaser, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, Trustee shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Nci Building Systems Inc)

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order in accordance with Section 2.02 with respect to such Note, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. . (b) Every replacement Note is an additional obligation of the Company and 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 (Dobson Communications Corp)

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

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee and (ii) the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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: First Supplemental Indenture (Chemtura CORP)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, Trustee shall authenticate a replacement Note if the Trustee's requirements for replacements of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied sup- plied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their respective expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 (Archibald Candy Corp)

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

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and or if the Trustee receives credible evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's ’s standard requirements are met. If required by the Trustee or the Company, an indemnity bond or other indemnity or security must be supplied by the Holder that is sufficient in the judgment of the Trustee determined for itself and the Company determined for itself to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (CURO Group Holdings Corp.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers an Authentication Order of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such replacement Note that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder of a replacement Note for its expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 (Encore Industries Inc /Ga)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee to protect itself and any Agent and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (ZaZa Energy Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the receipt of a written order of the Company signed by two Officers of the Companyauthentication order, shall authenticate a replacement Note if the Trustee's requirements for replacements of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of both the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge such Holder for its reasonable out-of-pocket expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 (Pf Net Communications Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Kti Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and the Trustee receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses (including the fees and expenses of the Trustee) in replacing a Note. Every replacement Note is an additional obligation of the 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 (Huntsman Polymers Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and the Trustee receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers an Officer of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses (including reasonable attorney's fees and expenses) and any amount sufficient to cover any tax or other governmental charge that may be imposed in connection with replacing a Note. Every replacement Note is an additional obligation of the 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 (Laralev Inc)

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

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Salton Maxim Housewares Inc)

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

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

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

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

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or the Company Company, and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge the Holder for its their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the 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 (Dominion Textile (Usa), L.L.C.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers an Officer of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the reasonable judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge such Holder for its expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 (Bissell Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for its expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 (Wavetek U S Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an affidavit of loss and an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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: First Supplemental Indenture (Corrections Corp of America)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement 44 39 Note is an additional obligation of the 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 (Medaphis Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their respective expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 (Flo Fill Co Inc)

Replacement Notes. If any mutilated Note is surrendered to the TrusteeTrustee or the Company, or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Greyhound Lines Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 1 contract

Sources: Indenture (Riviera Holdings Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives and the Company receive evidence (which evidence may be from the Trustee) to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's and the Company's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating authenticat ing agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Orbital Sciences Corp /De/)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or either the Company and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written receipt of an authentication order of the Company signed by two Officers of the Companyin accordance with Section 2.02, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Trustee and the Company may charge the Holder for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 (Griffiths Pile Driving Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers an Officer of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its reasonable expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderNotes.

Appears in 1 contract

Sources: Indenture (Axiohm Transaction Solutions Inc)

Replacement Notes. If any mutilated Note is surrendered to the TrusteeTrustee or the Company, or the Company and if the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Companythereof, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Coinstar Inc)

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

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

Replacement Notes. If any mutilated Note is surrendered to the Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall shall, upon the written request of the Holder thereof, issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the such Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Louisiana Ship Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, the Registrar or Notes Custodian, or if the Company and the Trustee receives evidence to its satisfaction Holder of the destructiona Note claims that such Note has been lost, loss destroyed or theft of any Notewrongfully taken, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Companyan Officer, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must shall be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge the Holder for its expenses in replacing a Note. Every replacement Note is an additional obligation of the 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 (Lomak Petroleum Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and or the Company Company, as the case may be, to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Apparel Retailers Inc)

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s and the Company’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for its expenses in replacing a Note. . (b) Every replacement Note is an additional obligation of the 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 (DreamWorks Animation SKG, Inc.)

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

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee, Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s and the Company’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. . (b) Every replacement Note is an additional obligation of the Company and 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 (Entravision Communications Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trusteeshall become mutilated, defaced or the Company be apparently destroyed, lost or stolen, and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and 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 (Aki Holding Corp)