Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and (a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original Purchaser or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 or a Qualified Institutional Buyer, such Person’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or (b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter the Company at its own expense shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Sources: Note Purchase Agreement
Replacement of Notes. Upon receipt by the Company Issuer of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, thefttheft , destruction or mutilation), and
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided PROVIDED that if the holder Holder of such Note is, or is a nominee for, an original Purchaser or another holder Holder of a Note with a minimum net worth of at least U.S.$25,000,000 or a Qualified Institutional Buyer$10,000,000 in excess of the outstanding principal amount of such Note, such Person’s 's own unsecured agreement of indemnity shall be deemed to be satisfactory), or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter the Company Issuer at its own expense shall execute and deliver, in lieu thereof, a new NoteNote of the same series, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Sources: Note and Guarantee Agreement (Metromedia Fiber Network Inc)
Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if you, your nominee or another Institutional Investor is the holder of such Note isNote, your or is a nominee for, an original Purchaser or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 or a Qualified Institutional Buyer, such Person’s 's own unsecured agreement of indemnity shall be deemed to be satisfactory), ; or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter ; the Company at its own expense shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Sources: Note Purchase and Medium Term Note Agreement (Banta Corp)
Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, be notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and
and (a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided PROVIDED that if the holder of such Note is, or is a nominee for, an original Purchaser or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 or a Qualified Institutional Buyer$10,000,000, such Person’s 's own unsecured agreement of indemnity shall be deemed to be satisfactory), or
or (b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter the Company at its own expense shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.. 12. PAYMENTS ON NOTES ..
Appears in 1 contract
Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, be notice from such Institutional Investor a registered Noteholder of such ownership and such loss, theft, destruction or mutilation), and
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that which, in any case, may be unsecured and need not be backed by a bond if the holder of such Note is, or is a nominee for, an original Purchaser or another holder "qualified institutional buyer" (as defined in Rule 144A of a Note the Securities Act) with a minimum net worth of at least U.S.$25,000,000 or a Qualified Institutional Buyer, such Person’s own unsecured agreement of indemnity shall be deemed to be satisfactoryU.S.$10,000,000), or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter the Company at its own expense Company, bearing reasonable expenses, shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original Purchaser purchaser or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 or a Qualified an Institutional BuyerInvestor, such Person’s 's own unsecured agreement of indemnity shall be deemed to be satisfactory), or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter the Company at its own expense shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Replacement of Notes. Upon receipt by the Company at the address and to the attention of the designated officer BLACKROCK ▇▇▇▇▇ CAPITAL CORPORATION NOTE PURCHASE AGREEMENT (all as specified in Section 18(a)(C)) of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original Purchaser or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 $50,000,000 or a Qualified Institutional Buyer, such Person’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter thereafter, the Company at its own expense shall execute and deliver, in lieu thereof, a new NoteNote of the same series, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Sources: Note Purchase Agreement (BlackRock Kelso Capital CORP)
Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, be notice from such Institutional Investor holder of such ownership and such loss, theft, destruction or mutilation), and
(ai) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original Purchaser (A) a Buyer, or another holder of a Note (B) other Person with a minimum net worth of at least U.S.$25,000,000 the then-outstanding principal amount of the Notes so lost, stolen, destroyed or a Qualified Institutional mutilated, then such Buyer, such 's or other Person’s 's own unsecured agreement of indemnity shall be deemed to be satisfactory), or
(bii) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter the Company at its own expense shall execute and deliver, in lieu thereof, a new Note, Note dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an any Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and
and (a) in x)in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided provided, that if the holder of such Note is, or is a nominee for, an original a Purchaser party hereto on the Closing Date or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 $10,000,000 in excess of the amount of such Note or a Qualified Institutional Buyer, such Person’s 's own unsecured agreement of indemnity shall be deemed to be satisfactory), or
or (by) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter the Company at its own expense shall execute and deliver, in lieu thereof, a new NoteNote to such Purchaser, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Sources: Note Purchase Agreement (Capstone Green Energy Holdings, Inc.)
Replacement of Notes. Upon receipt by the Company at the address and to the attention of the designated officer (all as specified in Section 18(iii)) of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation, except in the case of mutilation, in the form of a lost note affidavit), and
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original Purchaser or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 $50,000,000 or a Qualified Institutional Buyer, such Person’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten 10 Business Days thereafter thereafter, the Company at its own expense shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (it; provided that that, if the holder of such Note is, or is a nominee for, an original Purchaser purchaser of any of the Notes or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 or a Qualified any other Institutional BuyerInvestor, such Person’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter the Company Company, at its own expense expense, shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Sources: Note Purchase Agreement (Vanguard Car Rental Group Inc.)
Replacement of Notes. Upon receipt by the Company or a Person designated in writing by the Company to each Holder of the Notes of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder Holder of such Note is, or is a nominee for, an original Purchaser or another holder Holder of a Note with a minimum net worth of at least U.S.$25,000,000 or a Qualified Institutional Buyer$50,000,000, such Person’s 's own unsecured agreement of indemnity shall be deemed to be satisfactory), or
(b) in the case of mutilation, upon surrender and cancellation thereof,the Company, within ten Business Days thereafter the Company at its own expense expense, shall execute and deliverdeliver or cause to be delivered, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Sources: Note Purchase Agreement (Aearo Corp)
Replacement of Notes. Upon receipt by the Company at the address and to the attention of the designated officer (all as specified in Section 18(iii)) of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation, except in the case of mutilation, in the form of a lost note affidavit), and
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original Purchaser or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 $50,000,000 or a Qualified Institutional Buyer, such Person’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten (10) Business Days thereafter thereafter, the Company at its own expense shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Sources: Note Purchase Agreement (Blue Owl Technology Income Corp.)
Replacement of Notes. Upon receipt by the Company at the address and to the attention of the designated officer (all as specified in Section 18(iii)) of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), andand Tortoise MLP Fund, Inc. Note Purchase Agreement
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original Purchaser or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 U.S.$50,000,000 or a Qualified Institutional Buyer, such Person’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter thereafter, the Company at its own expense shall execute and deliver, in lieu thereof, a new NoteNote of the same series, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Replacement of Notes. Upon receipt by the Company at the address and to the attention of the designated officer (all as specified in Article 17) of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation)Note, and
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original Purchaser or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 or a Qualified Institutional BuyerPurchaser, such Person’s own unsecured agreement of indemnity shall be deemed to be satisfactory), ; or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten (10) Business Days thereafter thereafter, the Company at its own expense shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid or be payable thereon.
Appears in 1 contract
Sources: Note Purchase Agreement (AMCI Acquisition Corp. II)
Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (it; provided that that, if the holder of such Note is, or is a nominee for, an original Purchaser purchaser of any of the Notes or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 or a Qualified any other Institutional BuyerInvestor, such Person’s 's own unsecured agreement of indemnity shall be deemed to be satisfactory), or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter the Company Company, at its own expense expense, shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Sources: Note and Warrant Purchase Agreement (Icg Communications Inc /De/)
Replacement of Notes. Upon receipt by the Registrar on behalf of the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it the Company or the Registrar on its behalf (provided that if the holder of such Note is, or is a nominee for, an original Purchaser or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 $50,000,000 or a Qualified Institutional Buyer, such Person’s 's own unsecured agreement of indemnity shall be deemed to be satisfactory), or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter thereafter, the Company at its own expense shall execute and shall cause the Registrar to deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original Purchaser or another holder of a Note with a minimum net worth equal to the greater of at least U.S.$25,000,000 (x) the unpaid principal amount of the Note which has been lost, stolen or a Qualified Institutional Buyerdestroyed or (y) $10,000,000, such Person’s 's own unsecured agreement of indemnity shall be deemed to be satisfactory), or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter the Company at its own expense shall execute and deliver, in lieu thereof, a new NoteNote of an identical series, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Sources: Note Purchase Agreement (Zemex Corp)
Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and
(a) and in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original Purchaser or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 or Notes that is a Qualified Institutional BuyerBuyer is the holder of such Note, such Person’s own the unsecured agreement of indemnity of such holder shall be deemed to be satisfactory), or
(b) or in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter the Company at its own expense shall execute and and, within ten (10) days after such receipt, deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon. PAYMENTS ON NOTES.
Appears in 1 contract
Sources: Note Purchase Agreement (Seitel Inc)
Replacement of Notes. Upon receipt by the Company Registrar from the registered holder of a Note of evidence reasonably satisfactory to it the Company of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investorinstitutional investor, notice from such Institutional Investor institutional investor of such ownership and such loss, theft, destruction or mutilation), and:
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided the Company; PROVIDED, HOWEVER, that if the holder of such Note is, or is a nominee forPurchaser, an original Purchaser or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 institutional investor or a Qualified Institutional Buyernominee, such Person’s own the unsecured agreement of indemnity of such Purchaser or institutional investor (but not of any nominee therefor) shall be deemed to be satisfactory), ; or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter ; the Company at its own expense shall will execute and will cause the Registrar to deliver, in lieu thereof, a new replacement Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such such
(a) 10 lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Sources: Securities Purchase Agreement (Able Telcom Holding Corp)
Replacement of Notes. Upon receipt by the Company from the registered holder of a Note of evidence reasonably satisfactory to it the Company of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investora Purchaser, notice from such Institutional Investor Purchaser of such ownership and such loss, theft, destruction or mutilation), and:
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided the Company; provided, HOWEVER, that if the holder of such Note is, or is a nominee forPurchaser, an original Purchaser or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 or a Qualified Institutional Buyer, such Person’s own the unsecured agreement of indemnity of such Person shall be deemed to be satisfactory), ; or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter ; the Company at its own expense shall will execute and deliver, in lieu thereof, a new replacement Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Replacement of Notes. Upon receipt by the Company at the address and to the attention of the designated officer (all as specified in Section 18(iv) of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original Purchaser or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 or a Qualified Institutional Buyer$150,000,000, such Person’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter the Company at its own expense shall execute and deliverdeliver not more than 15 Business Days following satisfaction of such conditions, in lieu thereof, a new NoteNote of the same Series (and of the same tranche if such Series has separate tranches), dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Sources: Note Purchase Agreement (Hni Corp)
Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of Stepan Company Amended and Restated Note Agreement any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original Purchaser Noteholder or another holder of a Note with a minimum net worth of at least U.S.$25,000,000 or a Qualified Institutional Buyer$15,000,000, such Person’s 's own unsecured agreement of indemnity shall be deemed to be satisfactory), or
(b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter the Company at its own expense shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.
Appears in 1 contract
Sources: Note Agreement (Stepan Co)