Common use of Lost Certificates, Etc Clause in Contracts

Lost Certificates, Etc. In case any Certificate shall be mutilated, destroyed, lost or stolen, the Trustee shall execute and deliver a new Certificate of like tenor in exchange and substitution for such mutilated Certificate upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Certificate. Before the Trustee shall execute and deliver a new Certificate in substitution for a destroyed, lost or stolen Certificate, the Owner thereof shall have (a) provided the Trustee with (i) a request for such execution and delivery and (ii) indemnity reasonably satisfactory to the Trustee and the Initial Depositor, and (b) evidence to the satisfaction of the Trustee, Initial Depositor and Underwriter of the destruction, loss or theft of such Certificate.

Appears in 6 contracts

Samples: Depositary Trust Agreement (Vaulted Gold Bullion Trust), Depositary Trust Agreement (Bank of Montreal /Can/), Depositary Trust Agreement (Bank of Montreal /Can/)

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Lost Certificates, Etc. In case any Certificate shall be mutilated, destroyed, lost or stolen, the Trustee shall execute and deliver a new Certificate of like tenor in exchange and substitution for such mutilated Certificate certificate upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Certificatecertificate. Before the Trustee shall execute and deliver a new Certificate in substitution for a destroyed, lost or stolen Certificate, the Owner thereof shall have (a) provided the Trustee with (i) a request for such execution and delivery and (ii) indemnity reasonably satisfactory to the Trustee and the Initial Depositor, and (b) evidence to the satisfaction of the Trustee, Initial Depositor and Underwriter Placement Agent of the destruction, loss or theft of such CertificateGold Deposit Receipt.

Appears in 3 contracts

Samples: Depositary Trust Agreement (Bank of Montreal /Can/), Depositary Trust Agreement (Bank of Montreal /Can/), Trust Agreement (Bank of Montreal /Can/)

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