Lost Notes. Upon receipt of an affidavit of an officer of the Bank as to the loss, theft, destruction or mutilation of any Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Note or other security document, 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.
Lost Notes. Upon receipt of an affidavit reasonably satisfactory to the Borrower of an officer of any Lender as to the loss, theft, destruction or mutilation of its Note which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Note, the Borrower will execute and deliver, in lieu thereof, a replacement Note in the principal amount of such Lender’s then Commitment or if no Commitment is in effect, the outstanding principal amount owed to such Lender and otherwise of like tenor.
Lost Notes. Upon receipt of written notice from the holder of any Note of the loss, theft, destruction or mutilation of such Note and, in the case of any such loss, theft or destruction, upon receipt of such holder's unsecured indemnity agreement, in form and substance reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Note, the Company will make and deliver a new Note, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Note.
Lost Notes. In the event that any of the notes secured by mortgages set forth in Exhibit B (the "Lost Notes"), were lost or misplaced by the current owner or its predecessor in interest and have not been delivered to the Lender with the assignment of the mortgages hereinabove set forth, the Borrower hereby agrees that, notwithstanding the fact that the Lost Notes have not been delivered to the Lender, the Borrower remains indebted to the Lender in the full amount of Two Hundred Forty Six Million and 00/100 Dollars (US $246,000,000.00) as set forth hereinabove and as set forth in and evidenced by the Consolidated Note executed by the Borrower of even date herewith, which amount includes the principal balance now remaining unpaid on the Lost Notes. The Borrower further agrees and hereby waives any and all claims and/or rights in any way relating to or arising from the Lost Notes whether as a defense in any action brought by the Lender to enforce any of the terms of this Instrument or collect the full amount due and owing under this Instrument or the Consolidated Note or otherwise. Borrower hereby indemnifies and holds the Lender harmless from and against any and all costs, liabilities, claims, damages, loss and expenses, including attorney's fees and expenses which at any time may be made, suffered or incurred by the Lender based upon the failure of the Lender to hold, obtain or deliver the Lost Notes. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK. Consolidation Modification & Extension Agreement CD Form 146 Page 4
Lost Notes. Upon receipt by the Company of evidence satisfactory to it of the loss, theft, destruction of any Note, and (in case of loss, theft or destruction) of indemnity satisfactory to it (any Lender's or any other institutional holder's undertaking to be satisfactory indemnity in case of loss, theft or destruction of any Note owned by such Lender or by such other institutional holder), and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of such Note, if mutilated, the Company will pay any unpaid principal, interest and prepayment charge then or theretofore due and payable on such Note and will deliver in lieu of such Note a new Note for the remaining unpaid principal amount thereof and carrying the same rights to interest (unpaid and to accrue).
Lost Notes. 29 SECTION 13. Expenses......................................................29
Lost Notes. (1) All promissory notes dated on or after 11–1–73 are held in the County Office. A few notes (with the exception of OL notes) are still held by investors. If a note dated prior to 11–1– 73 cannot be located in the County Of- fice and it is needed for servicing the case, the County Supervisor will write a memorandum to the Finance Office explaining why the note is needed. The request should give the name and case number of the borrower, date and origi- nal amount of the loan, type of loan and loan code.
Lost Notes. If a holder of a Dial Page Note is unable to surrender such Note because it has been destroyed, lost or stolen, such holder may receive a distribution with respect to such Note upon request to the Dial Page Indenture Trustee in an acceptable form with: (i) proof of such holder's title to such Note; (ii) proof of the destruction or theft of such Note, or an affidavit to the effect that the same has been lost and after diligent search cannot be found; and (iii) such indemnification as may reasonably be required by the Reorganized Debtors to indemnify Arch, the Reorganized Debtors, the Dial Page Indenture Trustee and all other persons deemed appropriate by the Reorganized Debtors, against any loss, action, suit or other claim whatsoever that may be made as a result of such holder's receipt of a distribution on account of such Dial Page Note under this Plan.
Lost Notes. As an accommodation to Borrower in respect of the Term Loan, and at Borrower’s request and expense, Lender has accepted the assignment of and modified certain existing mortgages and notes secured thereby, which evidence or secure in part, the Term Loan. In connection with the foregoing, it was brought to Lender’s and Borrower’s attention that the following historical notes had been lost by the prior lenders: (1) that certain Promissory Note in the original principal amount of $2,300,000 dated as of August 7, 2001, made by Brisam Hotel LLC payable to 100 Xxxx 00 Xxxxxx Associates, (2) that certain Line Note in the original principal amount of $175,000,000 dated October 14, 2008, made by Hersha Hospitality Limited Partnership payable to TD Bank, N.A. and (3) the notes secured by the instruments listed on Schedule 12 attached hereto that relate to the Individual Property improved with the Hampton Inn Chelsea hotel (individually and collectively, the “Lost Notes”). With respect to the Lost Notes, Borrower and Operating Lessee hereby represents, warrants and covenants as follows:
Lost Notes. In the event that a Lender provides an affidavit and indemnity to the Borrower for any Note which has been mutilated, lost, stolen, destroyed or otherwise misplaced, the Borrower shall execute and deliver a replacement Note therefor.
