Common use of Loss, Theft, Destruction or Mutilation of Note Clause in Contracts

Loss, Theft, Destruction or Mutilation of Note. Upon receipt of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of this Note, and, in the case of any such loss, theft or destruction, upon receipt of an affidavit of loss and an indemnity reasonably acceptable in form and substance to the Company from the holder thereof, or, in the case of any such mutilation, upon surrender and cancellation of this Note, the Company will make and deliver, in lieu of this Note, a new Note of like tenor and unpaid principal amount and dated as of the date to which interest has been paid on this Note.

Appears in 9 contracts

Samples: Securities Purchase and Exchange Agreement (Aurora Electronics Inc), Securities Purchase Agreement (Aurora Electronics Inc), Aurora Electronics Inc

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Loss, Theft, Destruction or Mutilation of Note. Upon receipt of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of this Note, and, in the case of any such loss, theft or destruction, upon receipt of an affidavit of loss and an indemnity reasonably acceptable in form and substance to the Company from the holder thereofhereof reasonably satisfactory to the Company, or, in the case of any such mutilation, upon surrender and cancellation of this Note, the Company will make and deliver, in lieu of this Note, a new Note of like tenor and unpaid principal amount and dated as of the date to which interest has been paid on this Note.

Appears in 9 contracts

Samples: Note Purchase Agreement (Acreedo Health Inc), Purchase and Sale Agreement (Energy Partners LTD), Note Purchase Agreement (Accom Inc)

Loss, Theft, Destruction or Mutilation of Note. Upon receipt of evidence satisfactory to the Company Borrowers of the loss, theft, destruction or mutilation of this Note, and, in the case of any such loss, theft or destruction, upon receipt of an affidavit of loss and an indemnity reasonably acceptable in form and substance to the Company from the holder thereofhereof reasonably satisfactory to the Borrowers, or, in the case of any such mutilation, upon surrender and cancellation of this Note, the Company Borrowers will make and deliver, in lieu of this Note, a new Note of like tenor and unpaid principal amount and dated as of the date to which interest has been paid on this Note.

Appears in 6 contracts

Samples: Cerplex Group Inc/De, Cerplex Group Inc/De, Cerplex Group Inc/De

Loss, Theft, Destruction or Mutilation of Note. Upon receipt of evidence satisfactory to the Company Corporation of the loss, theft, destruction or mutilation of this Note, and, in the case of any such loss, theft or destruction, upon receipt of an affidavit of loss and an indemnity reasonably acceptable in form and substance to the Company from the holder thereofhereof reasonably satisfactory to the Corporation, or, in the case of any such mutilation, upon surrender and cancellation of this Note, the Company Corporation will make and deliver, in lieu of this Note, a new Note of like tenor and unpaid principal amount and dated as of the date to which interest has been paid on this Note.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Savvis Communications Corp), Securities Purchase Agreement (Savvis Communications Corp), Securities Purchase Agreement (Savvis Communications Corp)

Loss, Theft, Destruction or Mutilation of Note. Upon receipt by the Company of evidence reasonably satisfactory to the Company it of the loss, theft, destruction or mutilation of this Note, and, in the case of any such loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon receipt of an affidavit of loss and an indemnity reasonably acceptable in form and substance reimbursement to the Company from the holder thereofof all reasonable expenses incidental thereto, or, in the case of any such mutilation, and upon surrender and cancellation of this Note, if mutilated, the Company will make and deliverdeliver a new promissory note of like tenor and date, and in the principal balance then outstanding, in lieu of this Note, a new Note of like tenor and unpaid principal amount and dated as of the date to which interest has been paid on this Note.

Appears in 4 contracts

Samples: Loan Agreement (Futureit, Inc.), Note Purchase Agreement (Medical Solutions Management Inc.), Securities Purchase Agreement (Medical Solutions Management Inc.)

Loss, Theft, Destruction or Mutilation of Note. Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Note, and, in the case of any such loss, theft or destruction, upon receipt Note and delivery of an affidavit of loss and an indemnity agreement reasonably acceptable satisfactory in form and substance to the Company from the holder thereof, orand , in the case of any such mutilation, upon on surrender and cancellation of this NoteNote (or what remains thereof), the Company will make shall execute and deliver, in lieu of this Note, a new Note of like tenor and note executed in the same manner as this Note, in the same principal amount as the unpaid principal amount of this Note and dated as of the date to which interest has been paid on of this Note.

Appears in 3 contracts

Samples: Secured Loan Agreement (Cannabis-Rx Inc.), Option Agreement (American Strategic Minerals Corp), Cannabis-Rx Inc.

Loss, Theft, Destruction or Mutilation of Note. Upon receipt of evidence satisfactory to the Company Corporation of the loss, theft, destruction or mutilation of this Note, and, in the case of any such loss, theft or destruction, upon receipt of an affidavit of loss and an indemnity reasonably acceptable in form and substance to the Company from the holder thereofhereof reasonably satisfactory to the Corporation, or, in the case of any such mutilation, upon surrender and cancellation of this Note, the Company Corporation will make and deliver, in lieu of this Note, a new Note of like tenor and unpaid principal amount and dated as of the date to which interest has been paid on this Note.

Appears in 3 contracts

Samples: Registration Rights Agreement (United Surgical Partners International Inc), Registration Rights Agreement (United Surgical Partners International Inc), United Surgical Partners International Inc

Loss, Theft, Destruction or Mutilation of Note. Upon receipt of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of this Note, and, in the case of any such loss, theft or destruction, upon receipt of an affidavit of loss and an indemnity reasonably acceptable in form and substance to the Company from the holder thereofthereof reasonably satisfactory to the Company, or, in the case of any such mutilation, upon surrender and cancellation of this Note, the Company will make and deliver, in lieu of this Note, a new Note of like tenor and unpaid principal amount and dated as of the date to which interest has been paid on this Note.

Appears in 2 contracts

Samples: BHC Meadows Partner Inc, Centennial Cellular Corp

Loss, Theft, Destruction or Mutilation of Note. Upon receipt of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of this Note, and, in the case of any such loss, theft or destruction, upon receipt of an affidavit of loss and an indemnity reasonably acceptable in form and substance to the i he Company from the holder thereof, or, in the case of any such mutilation, upon surrender and cancellation of this Note, the Company will make and deliver, in lieu of this Note, a new Note of like tenor and unpaid principal amount and dated as of the date to which interest has been paid on this Note.

Appears in 1 contract

Samples: Select Medical Corp

Loss, Theft, Destruction or Mutilation of Note. Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Note, Note and, in the case of any such loss, theft or destruction, upon receipt and delivery of an affidavit of loss and an indemnity reasonably acceptable in form and substance agreement satisfactory to the Company to indemnify the Company from any loss incurred by it connection with the holder thereof, Note or, in the case of any such mutilation, upon on surrender and cancellation of this Note, the Company will make shall execute and deliver, in lieu of this Note, a new Note of like tenor and executed in the same manner as this Note, in the same principal amount as the unpaid principal amount and dated as of the date to which interest has been paid on this Note.

Appears in 1 contract

Samples: TherapeuticsMD, Inc.

Loss, Theft, Destruction or Mutilation of Note. Upon receipt of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of this Note, and, in the case of any such loss, theft or destruction, upon receipt of an affidavit of loss and an indemnity reasonably acceptable in form 3 and substance to the Company from the holder thereof, or, in the case of any such mutilation, upon surrender and cancellation of this Note, the Company will make and deliver, in lieu of this Note, a new Note of like tenor and unpaid principal amount and dated as of the date to which interest has been paid on this Note.

Appears in 1 contract

Samples: Aurora Electronics Inc

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Loss, Theft, Destruction or Mutilation of Note. Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this NoteNote and delivery of an indemnity agreement from Holder in favor of Company, in a form and substance reasonably satisfactory to Company and, in the case of any such loss, theft or destruction, upon receipt of an affidavit of loss and an indemnity reasonably acceptable in form and substance to the Company from the holder thereof, or, in the case of any such mutilation, upon on surrender and cancellation of this NoteNote (or what remains thereof), the Company will make shall execute and deliver, in lieu of this Note, a new Note of like tenor and note executed in the same manner as this Note, in the same principal amount as the unpaid principal amount of this Note and dated as of the date to which interest has been paid on this NoteOriginal Issuance Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Polarityte, Inc.)

Loss, Theft, Destruction or Mutilation of Note. Upon receipt of evidence satisfactory to the Company Corporation of the loss, theft, destruction or mutilation of this Note, Note and, in the case of any such loss, theft or destruction, upon receipt of an affidavit of loss and an indemnity reasonably acceptable in form and substance to the Company from the holder thereof, hereof reasonably satisfactory to the Corporation or, in the case of any such mutilation, upon surrender and cancellation of this Note, the Company Corporation will make and deliver, in lieu of this Note, a new Note of like tenor and unpaid principal amount and dated as of the date to which interest has been paid on this Note.

Appears in 1 contract

Samples: Lease Agreement (United Surgical Partners International Inc)

Loss, Theft, Destruction or Mutilation of Note. Upon receipt of evidence reasonably satisfactory to the Company COMPANY of the loss, theft, destruction or mutilation of this Note, and, in the case of any such loss, theft or destruction, upon receipt of an affidavit of loss and an indemnity from MALLINCKRODT reasonably acceptable in form and substance satisfactory to the Company from the holder thereofCOMPANY, or, in the case of any such mutilation, upon surrender and cancellation of this Note, the Company COMPANY will make and deliver, in lieu of this Note, a new Note of like tenor and unpaid principal amount and dated as of the original date to which interest has been paid on this Notehereof.

Appears in 1 contract

Samples: Security Agreement (Palatin Technologies Inc)

Loss, Theft, Destruction or Mutilation of Note. Upon receipt by the Company of evidence reasonably satisfactory to the Company it of the loss, theft, destruction or mutilation of this a Note, and, and in the case of any such loss, theft or destruction, upon receipt of an affidavit of loss indemnity or security reasonably satisfactory to the Company, and an indemnity reasonably acceptable in form and substance upon reimbursement to the Company from the holder thereofof all reasonable expenses incidental thereto, or, in the case of any such mutilation, and upon surrender and cancellation of this such Note, if mutilated, the Company will make and deliver, in lieu of this Note, deliver a new Note of like tenor and unpaid principal amount and dated as of the date to which interest has been paid on this such cancellation, in lieu of such Note.

Appears in 1 contract

Samples: Acquisition Agreement (Texas Instruments Inc)

Loss, Theft, Destruction or Mutilation of Note. Upon receipt of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of this Note, andarid, in the case of any such loss, theft or destruction, upon receipt of an affidavit of loss and an indemnity reasonably acceptable in form and substance to the Company from the holder thereof, or, in the case of any such mutilation, upon surrender and cancellation of this Note, the Company will make and deliver, in lieu of this Note, a new Note of like tenor and unpaid principal amount and dated as of the date to which interest has been paid on this Note.

Appears in 1 contract

Samples: Select Medical Corp

Loss, Theft, Destruction or Mutilation of Note. Upon receipt by ---------------------------------------------- the Company of evidence reasonably satisfactory to the Company it of the loss, theft, destruction or mutilation of this a Note, and, and in the case of any such loss, theft or destruction, upon receipt of an affidavit of loss indemnity or security reasonably satisfactory to the Company, and an indemnity reasonably acceptable in form and substance upon reimbursement to the Company from the holder thereofof all reasonable expenses incidental thereto, or, in the case of any such mutilation, and upon surrender and cancellation of this such Note, if mutilated, the Company will make and deliver, in lieu of this Note, deliver a new Note of like tenor and unpaid principal amount and dated as of the date to which interest has been paid on this such cancellation, in lieu of such Note.

Appears in 1 contract

Samples: Micron Technology Inc

Loss, Theft, Destruction or Mutilation of Note. Upon receipt of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of this Note, and, in the case of any such loss, theft or destruction, upon receipt of an affidavit of loss and an indemnity reasonably acceptable from the Holder in form and substance reasonably satisfactory to the Company from the holder thereof, or, in the case of any such mutilation, upon surrender and cancellation of this NoteCompany, the Company will make and deliver, in lieu of this Note, a new Note of like tenor and unpaid principal amount and dated as of the date to which interest has been paid on this Notetenor.

Appears in 1 contract

Samples: Clarus Corp

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