Common use of Lost Note Affidavit Clause in Contracts

Lost Note Affidavit. In the event that the Custodian fails to produce any Contract File or any other documentoriginal promissory note delivered to it related to a Contract that was in its possession pursuant to Section 18.3 within five (5) Business Days after required or requested by the Facility Agent (a “Custodial Delivery Failure”) and provided that (a) the Custodian previously deliveredcertified in writing to the Facility Agent a Certification with respect to such Contract File or document, as applicable,that it had received such original promissory note and (b) such Contract File or document, as applicable,original promissory note is not outstanding pursuant to a Request for Release and Receipt, then the Custodian shall with respect to any missing original promissory note, promptly deliver to the Facility Agent upon request a lost note affidavit.

Lost Note Affidavit. In the event that the Custodian fails to produce any Contract File or any other documentoriginal promissory note delivered to it related to a Contract that was in its possession pursuant to Section 18.3 12.2 within five (5) Business Days after required or requested by the Facility Agent (a “Custodial Delivery Failure”) and provided that (a) the Custodian previously deliveredcertified in writing to the Facility Agent a Certification with respect to such Contract File or document, as applicable,that it had received such original promissory note and (b) such Contract File or document, as applicable,original promissory note is not outstanding pursuant to a Request for Release and Receipt, then the Custodian shall with respect to any missing original promissory note, promptly deliver to the Facility Agent upon request a lost note affidavit.