Common use of Lost Note, Etc Clause in Contracts

Lost Note, Etc. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Note or any Security Document which is not a public record and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Note or Security Document, if available, the Borrower will issue, in lieu thereof, a replacement Note or other Security Document in the same principal amount thereof and otherwise of like tenor.

Appears in 3 contracts

Sources: Credit Agreement (Microfinancial Inc), Credit Agreement (Microfinancial Inc), Credit Agreement (Microfinancial Inc)

Lost Note, Etc. Upon receipt of an affidavit (including a customary indemnity) of an officer of any Lender as to the loss, theft, destruction or mutilation of any Note or any Security Document which is an original instrument and not a public record and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Note or Security Document, if available, the Borrower Borrowers will issue, in lieu thereof, a replacement Note or other Security Document in the same principal amount thereof and otherwise of like tenor.

Appears in 2 contracts

Sources: Credit Agreement (Microfinancial Inc), Credit Agreement (Microfinancial Inc)

Lost Note, Etc. Upon receipt of an affidavit (including a customary indemnity) of an officer of any the Lender as to the loss, theft, destruction or mutilation of any Note or any Security Document which is an original instrument and not a public record and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Note or Security Document, if available, the Borrower will issue, in lieu thereof, a replacement Note or other Security Document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Sources: Bridge Loan Agreement (MF Merger Sub Corp.)

Lost Note, Etc. Upon receipt of an affidavit of an officer of any the Lender as to the loss, theft, destruction or mutilation of any the Term Note or any Security Document which is not a public record and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such the Term Note or Security Document, if available, the Borrower will issue, in lieu thereof, a replacement Term Note or other Security Document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Sources: Loan Agreement (Fuelcell Energy Inc)

Lost Note, Etc. Upon receipt of an affidavit of an officer of any the Lender as to the loss, theft, destruction or mutilation of any Note or any Security Document which is not a public record and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Note or Security Document, if available, the Borrower will issue, in lieu thereof, a replacement Note or other Security Document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Sources: Credit Agreement (Mexican Restaurants Inc)

Lost Note, Etc. Upon receipt of an affidavit of an officer of any the Lender as to the loss, theft, destruction or mutilation of any Note or any Security Document which is not a public record and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Note or Security Document, if available, the Borrower Borrowers will issue, in lieu thereof, a replacement Note or other Security Document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Sources: Credit Agreement (Andover Medical, Inc.)