Common use of Lost, etc. Notes Clause in Contracts

Lost, etc. Notes. Upon receipt by the Company of evidence reasonably ----------------- satisfactory to it of the loss, theft, destruction or mutilation of any Note, and (in case of loss, theft or destruction) of indemnity or security in form reasonably satisfactory to it, or, if mutilated, upon surrender of such Note for cancellation, the Company will, at its expense, issue and deliver in lieu of such Note a new Note, of like tenor in a like unpaid principal amount, dated so that there will be no loss of interest on such lost, stolen, destroyed or mutilated Note. Notwithstanding the foregoing provisions of this Section, if any Note of which you or any other institutional Noteholder (or any your or other Noteholder's nominee), is the owner is lost, stolen or destroyed, then your or such other Noteholder's (or its nominee's) written statement by an authorized officer as to such loss, theft or destruction shall be accepted as satisfactory evidence thereof, and no indemnity or security shall be required as a condition to the execution and delivery by the Company of a new Note in lieu of such Note (or as a condition to the payment thereof, if due and payable) other than your or such institutional Noteholder's unsecured written agreement, in form and substance reasonably satisfactory to the Company, to indemnify the Company.

Lost, etc. Notes. Upon receipt by the Company of evidence reasonably ----------------- satisfactory to it of the loss, theft, destruction or mutilation of any Note, and (in case of loss, theft or destruction) of indemnity or security in form reasonably satisfactory to it, orit and upon surrender and cancellation of such Note, if mutilated, upon surrender of such Note for cancellation, the Company will, at its expense, issue and will deliver in lieu of such Note a new Note, of like tenor Note in a like unpaid principal amount, dated so that there will be no loss as of the date to which interest on such lost, stolen, destroyed or mutilated Notehas been paid thereon. Notwithstanding the foregoing provisions of this Section, if any Note of which you or any other institutional Noteholder (or any your or other Noteholder's nominee), holder is the owner is lost, stolen or destroyed, then the affidavit of your or such other Noteholderholder's Treasurer or Assistant Treasurer (or its nominee'sother responsible officials) written statement by an authorized officer as to such loss, theft or destruction shall be accepted as satisfactory evidence thereof, thereof and no indemnity or security shall be required as a condition to the execution and delivery by the Company of a new Note in lieu of such Note (or as a condition to the payment thereof, if due and payable) other than your or such institutional Noteholderholder's unsecured written agreement, in form and substance reasonably satisfactory to the Company, agreement to indemnify the Company. The Company will keep at its principal executive offices a true copy of this Agreement (as at the time in effect), and cause the same to be available for inspection at said office during normal business hours by any holder of a Note or any prospective purchaser of a Note designated by a holder thereof.