Common use of Mutilated, Defaced, Destroyed, Lost and Stolen Notes Clause in Contracts

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In case any temporary or definitive Note shall become mutilated, defaced or be destroyed, lost or stolen, the Company in its discretion may execute, and upon delivery of an Authentication Order, the Trustee shall authenticate and deliver a new Note of the same series, maturity date, interest rate and Original Issue Date, bearing a number or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so destroyed, lost or stolen. In every case the applicant for a substitute Note shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as may be required by them to indemnify and defend and to save each of them harmless and, in every case of destruction, loss or theft, evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof and in the case of mutilation or defacement shall surrender the Note to the Trustee. Upon the issuance of any substitute Note, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. In case any Note which has matured or is about to mature or has been called for redemption in full, or is being surrendered for conversion in full, shall become mutilated or defaced or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Note, pay or authorize the payment of the same (without surrender thereof except in the case of mutilated or defaced Notes), if the applicant for such payment shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as any of them may require to save each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company and the Trustee and any agent of the Company or the Trustee evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section by virtue of the fact that any such Note is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes of such series duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment or conversion of mutilated, defaced or destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In case any temporary or definitive Note shall become mutilated, defaced or be 50 56 apparently destroyed, lost or stolen, the Company in its discretion may execute, and upon delivery the written request of an Authentication Orderany officer of the Company, the Trustee shall authenticate and deliver make available for delivery, a new Note of the same series, maturity date, interest rate and Original Issue DateNote, bearing a number or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so apparently destroyed, lost or stolen. In every case the applicant for a substitute Note shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as may be required by them to indemnify and defend and to save each of them harmless and, in every case of destruction, loss or theft, theft evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof and in the case of mutilation or defacement shall surrender the Note to the Trusteethereof. Upon the issuance of any substitute Note, the Company may require the payment of a sum sufficient to cover any transfer tax or other similar governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. In case any Note which has matured or is about to mature mature, or has been called for redemption in full, or is being surrendered for conversion in full, shall become mutilated or defaced or be apparently destroyed, lost or stolen, the Company may, instead of issuing a substitute Note, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated or defaced NotesNote), if the applicant for such payment shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as any of them may require to save each of them harmlessharmless from all risks, however remote, and, in every case of apparent destruction, loss or theft, the applicant shall also furnish to the Company and the Trustee and any agent of the Company or the Trustee evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section by virtue of the fact that any such Note is apparently destroyed, lost or stolen shall constitute an additional contractual obligation of the Company, whether or not the apparently destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes of such series duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment or conversion of mutilated, defaced defaced, or apparently destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In case any temporary or definitive Note shall become mutilated, mutilated or defaced or be apparently destroyed, lost or stolen, the Company Issuer in its discretion may execute, and upon delivery the written request of an Authentication Orderany officer of the Issuer, the Trustee shall authenticate and deliver deliver, a new Note of the same series, maturity date, interest rate and Original Issue DateNote, bearing a number or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so apparently destroyed, lost or stolen. In every case the applicant for a substitute Note shall furnish to the Company Issuer and to the Trustee and any agent of the Company Issuer or the Trustee such security or indemnity as may be required by them to indemnify and defend and to save each of them harmless and, in every case of destruction, loss or theft, evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof and in the case of mutilation or defacement shall surrender the Note to the Trusteethereof. Upon the issuance of any substitute Note, the Company Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. In case any Note which has matured or is about to mature or has been called for redemption in full, or is being surrendered for conversion in full, shall become mutilated or defaced or be apparently destroyed, lost or stolen, the Company Issuer may, instead of issuing a substitute Note, with the Holder's consent in the case that the Note is called for redemption, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated or defaced NotesNote), if the applicant for such payment shall furnish to the Company Issuer and to the Trustee and any agent of the Company Issuer or the Trustee such security or indemnity as any of them may require to save each of them harmlessharmless from all risks, however remote, and, in every case of apparent destruction, loss or theft, the applicant shall also furnish to the Company Issuer and the Trustee and any agent of the Company Issuer or the Trustee evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section by virtue of the fact that any such Note is apparently destroyed, lost or stolen shall constitute an additional contractual obligation of the CompanyIssuer, whether or not the apparently destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes of such series duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment or conversion of mutilated, defaced defaced, or apparently destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In case any temporary or definitive Note shall become mutilated, defaced or be apparently destroyed, lost or stolen, the Company Issuer in its discretion may execute, and upon delivery the written request of an Authentication Orderany officer of the Issuer, the Trustee shall authenticate and deliver deliver, a new Note of the same series, maturity date, interest rate and Original Issue DateNote, bearing a number or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so apparently destroyed, lost or stolen. In every case the applicant for a substitute Note shall furnish to the Company Issuer and to the Trustee and any agent of the Company Issuer or the Trustee such security or indemnity as may be required by each of them to indemnify and defend and to save each of them harmless and, in every case of destruction, loss or theft, theft evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof thereof. If, after the delivery of such substitute Note, a bona fide purchaser of the original Note in lieu of which such substitute Note was issued presents for payment or registration such original Note, the Trustee shall be entitled to recover such substitute Note from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and in shall be entitled to recover upon the case of mutilation security or defacement shall surrender the Note indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Issuer or the Trustee, or any agent of such Persons, in connection therewith. Upon the issuance of any substitute Note, the Company Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. In case any Note which has matured or is about to mature mature, or has been called for redemption in full, or is being surrendered for conversion in full, shall become mutilated or defaced or be apparently destroyed, lost or stolen, the Company Issuer may, instead of issuing a substitute Note, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated or defaced NotesNote), if the applicant for such payment shall furnish to the Company Issuer and to the Trustee and any agent of the Company Issuer or the Trustee such security or indemnity as any of them may require to save each of them harmlessharmless from all risks, however remote, and, in every case of apparent destruction, loss or theft, the applicant shall also furnish to the Company Issuer and the Trustee and any agent of the Company Issuer or the Trustee evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section by virtue of the fact that any such Note is apparently destroyed, lost or stolen shall constitute an additional contractual obligation of the CompanyIssuer, whether or not the apparently destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes of such series duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment or conversion of mutilated, defaced defaced, or apparently destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In case any temporary or definitive Note shall become mutilated, defaced or be apparently destroyed, lost or stolen, subject to compliance with the following sentence and in the absence of notice to the Company in its discretion may or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute, and upon delivery of an Authentication Order, the Trustee shall authenticate and deliver deliver, a new Note of the same series, maturity date, interest rate and Original Issue DateSeries, bearing a number or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so apparently destroyed, lost or stolen. In every case the applicant for a substitute Note shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as may be required by them to indemnify and defend and to save each of them harmless and, in every case of destruction, loss or theft, evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof and in the case of mutilation or defacement shall surrender the Note to the Trusteethereof. Upon the issuance of any substitute NoteNote pursuant to the preceding paragraph, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. In case any Note which has matured or is about to mature or has been called for redemption in full, or is being surrendered for conversion in fullmature, shall become mutilated or defaced or be apparently destroyed, lost or stolen, the Company may, instead of issuing a substitute Note, pay or authorize the payment of the same such Note (without surrender thereof of such Note except in the case of a mutilated or defaced NotesNote), as applicable, if the applicant for such payment shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as any of them may require to save each of them harmlessharmless from all risks, however remote, and, in every case of apparent destruction, loss or theft, the applicant shall also furnish to the Company and the Trustee and any agent of the Company or the Trustee evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section by virtue of the fact that any such Note is apparently destroyed, lost or stolen shall constitute an additional contractual obligation of the Company, whether or not the apparently destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall also be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes of such series the same Series duly authenticated and delivered hereunder. Every substitute Note issued pursuant to the provisions of this Section 2.12 by virtue of the fact that any Note is mutilated or defaced shall constitute an additional contractual obligation of the Company and shall be entitled to all the benefits of (but shall also be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes of the same Series duly authenticated and delivered hereunder. All Notes Securities shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment of mutilated or conversion of mutilated, defaced or apparently destroyed, lost or stolen Notes Securities and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In case any temporary or definitive Note shall become mutilated, defaced or be apparently destroyed, lost or stolen, the Company in its discretion may execute, and upon delivery the written request of an Authentication Orderany authorized officer of the Company, the Trustee shall authenticate and deliver deliver, a new Note of the same series, maturity date, interest rate and Original Issue DateNote, bearing a number or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so apparently destroyed, lost or stolen. In every case the applicant for a substitute Note shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as may be required by them to indemnify and defend and to save each of them harmless and, in every case of destruction, loss or theft, evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof and in the case of mutilation or defacement shall surrender the Note to the Trusteethereof. Upon the issuance of any substitute Note, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including including, without limitation, the fees and expenses of the Trustee) connected therewith. In case any Note which has matured or is about to mature mature, or has been called for redemption in full, or is being surrendered for conversion in full, shall become mutilated or defaced or be apparently destroyed, lost or stolen, the Company may, instead of issuing a substitute Note, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated or defaced NotesNote), if the applicant for such payment shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as any of them may require to save each of them harmlessharmless from all risks, however remote, and, in every case of apparent destruction, loss or theft, the applicant shall also furnish to the Company and the Trustee and any agent of the Company or the Trustee evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section by virtue of the fact that any such Note is apparently destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the apparently destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall also be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes of such series duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment of mutilated or conversion of mutilated, defaced or apparently destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In case any temporary or definitive Note shall become mutilated, defaced or be apparently destroyed, lost or stolen, the Company Issuer in its discretion may execute, and upon delivery the receipt of an Authentication OrderOrder of the Issuer, the Trustee shall authenticate and deliver deliver, a new Note of with the same series, maturity date, interest rate and Original Issue DateGuarantee endorsed thereon, bearing a number or other distinguishing symbol not contemporaneously outstandingOutstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so apparently destroyed, lost or stolen. In every case the applicant for a substitute Note shall furnish to the Company Issuer, the Guarantor and to the Trustee and any agent of the Company Issuer, the Guarantor or the Trustee such security or indemnity as may be required by them to indemnify and defend and to save each of them harmless from all risks, however remote, and, in every case of destruction, loss or theft, theft evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof and in the case of mutilation or defacement shall surrender the Note to the Trusteethereof. Upon the issuance of any substitute Note, the Company Issuer and the Guarantor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. In case any Note which has matured or is about to mature mature, or has been called for redemption in full, or is being surrendered for conversion in full, shall become mutilated or defaced or be apparently destroyed, lost or stolen, the Company Issuer may, instead of issuing a substitute Note, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated or defaced NotesNote), if the applicant for such payment shall furnish to the Company and to Issuer, the Guarantor, the Trustee and any agent of the Company Issuer, the Guarantor or the Trustee such security or indemnity as any of them may require to save each of them harmlessharmless from all risks, however remote, and, in every case of apparent destruction, loss or theft, the applicant shall also furnish to the Company Issuer, the Guarantor and the Trustee and any agent of the Company Issuer, the Guarantor or the Trustee evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section by virtue of the fact that any such Note is apparently destroyed, lost or stolen shall constitute an additional contractual obligation obligations of the CompanyIssuer and the Guarantor, whether or not the apparently destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall be subject to all the limitations of or rights set forth in) this Indenture equally and proportionately with any and all other Notes of such series duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment or conversion of mutilated, defaced defaced, or apparently destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In case any temporary or definitive Note (including any Global Note) shall become mutilated, defaced or be destroyed, lost or stolen, the Company Issuer in its discretion may execute, and the Guarantors shall endorse the Guarantees thereon, and upon delivery the written request of an Authentication Orderthe Issuer, the Trustee shall authenticate and deliver deliver, a new Note of the same series, maturity date, interest rate and Original Issue Datesubstitute Note, bearing a number or other distinguishing symbol not contemporaneously outstandingOutstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so destroyed, lost or stolen. In every case the applicant for a substitute Note shall furnish to the Company Issuer, the Guarantors and to the Trustee and any agent of the Company Issuer, the Guarantors or the Trustee such security or indemnity as may be required by them to indemnify and defend and to save each of them harmless from all risks and, in every case of destruction, loss or theft, theft evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof and in the case of mutilation or defacement shall surrender the Note to the Trusteethereof. Upon the issuance of any substitute NoteNote and as a condition to the issuance thereof, the Company Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. In case any Note which has matured or is about to mature mature, or has been called for redemption in full, or is being surrendered for conversion in full, shall become mutilated or defaced or be destroyed, lost or stolen, the Company Issuer may, instead of issuing a substitute Note, with the Holder's consent pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated or defaced NotesNote), if the applicant for such payment shall furnish to the Company Issuer, the Guarantors and to the Trustee and any agent of the Company Issuer, the Guarantors or the Trustee such security or indemnity as any of them may require to save each of them harmlessharmless from all risks, however remote, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company Issuer, the Guarantors and the Trustee and any agent of the Company Issuer, the Guarantors or the Trustee evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section Subclause by virtue of the fact that any such Note is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company, Issuer and the Guarantors whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes of such series duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment or conversion of mutilated, defaced defaced, or destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In case any temporary or definitive Note shall become mutilated, mutilated or defaced or be destroyed, lost or stolen, subject to compliance with the following sentence, the Company in its discretion may shall execute, and upon delivery of an Authentication Order, the Trustee shall authenticate and deliver deliver, a new Note of the same series, maturity date, interest rate and Original Issue DateNote, bearing a number or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so destroyed, lost or stolen. In every case the applicant for a substitute Note shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as may be required by them to indemnify and defend and to save each of them harmless from all risks, however remote, and, in every case of destruction, loss or theft, evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof and in the case of mutilation or defacement shall surrender the Note to the Trusteethereof. Upon the issuance of any substitute NoteNote pursuant to the preceding paragraph, the Company may require the payment of a sum sufficient to cover any tax Tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. In case any Note which has matured or is about to mature or has been called for redemption in full, or is being surrendered for conversion in fullmature, shall become mutilated or defaced or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Note, pay or authorize the payment of the same such Note (without surrender thereof of such Note except in the case of a mutilated or defaced NotesNote), as applicable, if the applicant for such payment shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as any of them may require to save each of them harmlessharmless from all risks, however remote, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company and the Trustee and any agent of the Company or the Trustee evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section 2.12 by virtue of the fact that any such Note is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall also be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes duly authenticated and delivered hereunder. Every substitute Note issued pursuant to the provisions of such series this Section 2.12 by virtue of the fact that any Note is mutilated or defaced shall constitute an additional contractual Indenture and Security Agreement AA 2009-2 Secured Notes obligation of the Company and shall be entitled to all the benefits of (but shall also be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment of mutilated or conversion of mutilated, defaced or destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In case any temporary or definitive Note shall become mutilated, mutilated or defaced or be apparently destroyed, lost or stolen, the Company Issuer in its discretion may execute, and upon delivery the written request of an Authentication Orderany officer of the Issuer, the Trustee shall authenticate and deliver deliver, a new Note of the same series, maturity date, interest rate and Original Issue DateNote, bearing a number or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so apparently destroyed, lost or stolen. In every case the applicant for a substitute Note shall furnish to the Company Issuer and to the Trustee and any agent of the Company Issuer or the Trustee such security or indemnity as may be required by them to indemnify and defend and to save each of them harmless and, in every case of destruction, loss or theft, evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof and in the case of mutilation or defacement shall surrender the Note to the Trusteethereof. Upon the issuance of any substitute Note, the Company Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. In case any Note which has matured or is about to mature or has been called for redemption in full, or is being surrendered for conversion in full, shall become mutilated or defaced or be apparently destroyed, lost or stolen, the Company Issuer may, instead of issuing a substitute Note, with the Holder's consent in the case that the Note is called for redemption, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated or defaced NotesNote), if the applicant for such payment shall furnish to the Company Issuer and to the Trustee and any agent of the Company Issuer or the Trustee such security or indemnity as any of them may require to save each of them harmless, from all risks, however remote, and, in every case of apparent destruction, loss or theft, the applicant shall also furnish to the Company Issuer and the Trustee and any agent of the Company Issuer or the Trustee evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section by virtue of the fact that any such Note is apparently destroyed, lost or stolen shall constitute an additional contractual obligation of the CompanyIssuer, whether or not the apparently destroyed, lost or stolen Note shall be at -42- 50 any time enforceable by anyone and shall be entitled to all the benefits of (but shall be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes of such series duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment or conversion of mutilated, defaced defaced, or apparently destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In case any temporary or definitive Note shall become mutilated, defaced or be apparently destroyed, lost or stolen, the Company in its discretion may execute, and upon delivery the written request of an Authentication Orderany officer of the Company, the Trustee shall authenticate and deliver make available for delivery, a new Note of the same series, maturity date, interest rate and Original Issue DateNote, bearing a number or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so apparently destroyed, lost or stolen. In every case the applicant for a substitute Note shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as may be required by them to indemnify and defend and to save each of them harmless and, in every case of destruction, loss or theft, theft evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof and in the case of mutilation or defacement shall surrender the Note to the Trusteethereof. Upon the issuance of any substitute Note, the Company may require the payment of a sum sufficient to cover any transfer tax or other similar governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. In case any Note which has matured or is about to mature mature, or has been called for redemption in full, or is being surrendered for conversion in full, shall become mutilated or defaced or be apparently destroyed, lost or stolen, the Company may, instead of issuing a substitute Note, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated or defaced NotesNote), if the applicant for such payment shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as any of them may require to save each of them harmlessharmless from all risks, however remote, and, in every case of apparent destruction, loss or theft, the applicant shall also furnish to the Company and the Trustee and any agent of the Company or the Trustee evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section by virtue of the fact that any such Note is apparently destroyed, lost or stolen shall constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes of such series duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment or conversion of mutilated, defaced or destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.shall

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In case any temporary or definitive Note shall become mutilated, mutilated or defaced or be apparently destroyed, lost or stolen, the Company Issuer in its discretion may execute, and upon delivery the written request of an Authentication Orderany officer of the Issuer, the Trustee shall authenticate and deliver deliver, a new Note of the same series, maturity date, interest rate and Original Issue DateNote, bearing a number or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so apparently destroyed, lost or stolen. In every case the applicant for a substitute Note shall furnish to the Company Issuer and to the Trustee and any agent of the Company Issuer or the Trustee such security or indemnity as may be required by them to indemnify and defend and to save each of them harmless and, in every case of destruction, loss or theft, evidence to their satisfaction of the 41 48 apparent destruction, loss or theft of such Note and of the ownership thereof and in the case of mutilation or defacement shall surrender the Note to the Trusteethereof. Upon the issuance of any substitute Note, the Company Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. In case any Note which has matured or is about to mature or has been called for redemption in full, or is being surrendered for conversion in full, shall become mutilated or defaced or be apparently destroyed, lost or stolen, the Company Issuer may, instead of issuing a substitute Note, with the Holder's consent in the case that the Note is called for redemption, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated or defaced NotesNote), if the applicant for such payment shall furnish to the Company Issuer and to the Trustee and any agent of the Company Issuer or the Trustee such security or indemnity as any of them may require to save each of them harmlessharmless from all risks, however remote. and, in every case of apparent destruction, loss or theft, the applicant shall also furnish to the Company Issuer and the Trustee and any agent of the Company Issuer or the Trustee evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section by virtue of the fact that any such Note is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes of such series duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment or conversion of mutilated, defaced or destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In case any temporary or definitive Note shall become mutilated, defaced or be destroyed, lost or stolen, upon the Company in its discretion may execute, and upon delivery written request of an Authentication Orderany Authorized Officer of the Issuer, the Indenture Trustee shall authenticate and deliver a new substitute Note of the same seriesSeries, maturity date, interest rate and Original Issue Dateoriginal issue date, bearing a number or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and in substitution for the Note so destroyed, lost or stolen. In every case the applicant for a substitute Note shall furnish to the Company Issuer and to the Indenture Trustee and any agent of the Company Issuer or the Indenture Trustee such security or indemnity as may be required by them to indemnify and defend and to save hold each of them harmless and, in every case of destruction, loss or theft, evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof and in the case of mutilation or defacement shall surrender the Note to the TrusteeIndenture Trustee or such agent. Upon the issuance of any substitute Note, the Company The Issuer may require the payment of a sum sufficient to cover any tax Tax or other governmental charge that may be imposed in relation thereto to the issuance of any substitute Note and any other expenses (including the fees and expenses of the Indenture Trustee) or its agent connected therewith. In case any Note which has matured or is about to mature or has been called for redemption in full, or is being surrendered for conversion in full, full shall become mutilated or defaced or be destroyed, lost or stolen, the Company may, Indenture Trustee (acting at the direction of an Authorized Officer of the Issuer) may instead of issuing a substitute Note, pay or authorize the payment of the same Note (without surrender thereof except in the case of a mutilated or defaced NotesNote), if the applicant for such payment shall furnish to the Company Issuer and to the Indenture Trustee and any agent of the Company Issuer or the Indenture Trustee such security or indemnity as any of them may require to save each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company Issuer and the Indenture Trustee and any agent of the Company Issuer or the Indenture Trustee evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series Series issued pursuant to the provisions of this Section by virtue of the fact that any such Note is destroyed, lost or stolen shall constitute an additional contractual obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes of such series Series duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment or conversion of mutilated, defaced or destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In ---------------------------------------------------- case any temporary or definitive Note shall become mutilated, defaced or be destroyed, lost or stolen, the Company in Issuer at its discretion may execute, and upon delivery of an Authentication Order, the Trustee shall authenticate execute and deliver a new Note of the same series, maturity date, interest rate and Original Issue Date, bearing a number or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so destroyed, lost or stolen. In every case any Note that has matured or is about to mature or has been called for redemption in full shall become mutilated or defaced or be destroyed, lost or stolen, the applicant for Issuer at its discretion may instead of issuing a substitute Note shall furnish to Note, pay or authorize the Company and to the Trustee and any agent payment of the Company or the Trustee such security or indemnity as may be required by them to indemnify and defend and to save each of them harmless and, in every case of destruction, loss or theft, evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership same (without surrender thereof and except in the case of mutilation a mutilated or defacement shall surrender the Note to the Trusteedefaced Note). Upon the issuance of any substitute Note, the Company Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. In case addition, the Issuer may require as a condition for the issuance of any Note which has matured or is about to mature or has been called issued in exchange and substitution for redemption in full, or is being surrendered for conversion in full, shall become a mutilated or defaced Note, or be in lieu of and substitution for a Note destroyed, lost or stolen, that the Company mayHolder provide such guarantees, instead of issuing certifications and indemnifications as the Issuer may deem prudent in order to protect the Issuer against multiple claims with respect to a substitute single Note, pay or authorize the payment of the same (without surrender thereof except in the case of mutilated or defaced Notes), if the applicant for such payment shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as any of them may require to save each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company and the Trustee and any agent of the Company or the Trustee evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section by virtue of the fact that any such Note is destroyed, lost or stolen shall constitute an additional contractual obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall be subject to all the limitations of rights set forth in) this Indenture Master Loan Agreement equally and proportionately with any and all other Notes of such series duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment or conversion of mutilated, defaced or destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities Notes without their surrender.

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In case any temporary or definitive Note shall become mutilated, mutilated or defaced or be apparently destroyed, lost or stolen, the Company Issuer in its discretion may execute, and upon delivery the written request of an Authentication Orderany officer of the Issuer, the Trustee shall authenticate and deliver deliver, a new Note of the same series, maturity date, interest rate and Original Issue DateNote, bearing a number or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so apparently destroyed, lost or stolen. In every case the applicant for a substitute Note shall furnish to the Company Issuer and to the Trustee and any agent 41 49 of the Company Issuer or the Trustee such security or indemnity as may be required by them to indemnify and defend and to save each of them harmless and, in every case of destruction, loss or theft, evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof and in the case of mutilation or defacement shall surrender the Note to the Trusteethereof. Upon the issuance of any substitute Note, the Company Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. In case any Note which has matured or is about to mature or has been called for redemption in full, or is being surrendered for conversion in full, shall become mutilated or defaced or be apparently destroyed, lost or stolen, the Company Issuer may, instead of issuing a substitute Note, with the Holder's consent in the case that the Note is called for redemption, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated or defaced NotesNote), if the applicant for such payment shall furnish to the Company Issuer and to the Trustee and any agent of the Company Issuer or the Trustee such security or indemnity as any of them may require to save each of them harmlessharmless from all risks, however remote, and, in every case of apparent destruction, loss or theft, the applicant shall also furnish to the Company Issuer and the Trustee and any agent of the Company Issuer or the Trustee evidence to their satisfaction of the apparent destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section by virtue of the fact that any such Note is apparently destroyed, lost or stolen shall constitute an additional contractual obligation of the CompanyIssuer, whether or not the apparently destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes of such series duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment or conversion of mutilated, defaced defaced, or apparently destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In case any temporary or definitive Note shall become mutilated, defaced or be destroyed, lost or stolen, the Company in its discretion may execute, and upon delivery of an Authentication Order, the Trustee shall authenticate and deliver a new Note of the same series, maturity date, interest rate and Original Issue Date, bearing a number or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so destroyed, lost or stolen. In every case the applicant for a substitute Note shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as may be required by them to indemnify and defend and to save each of them harmless and, in every case of destruction, loss or theft, evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof and in the case of mutilation or defacement shall surrender the Note to the Trustee. Upon the issuance of any substitute Note, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, including reasonable attorneys’ fees and expenses) connected therewith. In case any Note which has matured or is about to mature or has been called for redemption in full, or is being surrendered for conversion in full, shall become mutilated or defaced or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Note, pay or authorize the payment of the same (without surrender thereof except in the case of mutilated or defaced Notes), if the applicant for such payment shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as any of them may require to save each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company and the Trustee and any agent of the Company or the Trustee evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section by virtue of the fact that any such Note is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes of such series duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment or conversion of mutilated, defaced or destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In case any temporary or definitive Note shall become mutilated, mutilated or defaced or be destroyed, lost or stolen, subject to compliance with the following sentence, the Company in its discretion may shall execute, and upon delivery of an Authentication Order, the Trustee shall authenticate and deliver deliver, a new Note of the same series, maturity date, interest rate and Original Issue DateClass, bearing a number or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so destroyed, lost or stolen. In every case the applicant for a substitute Note shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as may be required by them to indemnify and defend and to save each of them harmless from all risks, however remote, and, in every case of destruction, loss or theft, evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof and in the case of mutilation or defacement shall surrender the Note to the Trusteethereof. Upon the issuance of any substitute NoteNote pursuant to the preceding paragraph, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. In case any Note which has matured or is about to mature or has been called for redemption in full, or is being surrendered for conversion in fullmature, shall become mutilated or defaced or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Note, pay or authorize the payment of the same such Note (without surrender thereof of such Note except in the case of a mutilated or defaced NotesNote), as applicable, if the applicant for such payment shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as any of them may require to save each of them harmlessharmless from all risks, however remote, and, in every case of destruction, loss or theft, the Indenture applicant shall also furnish to the Company and the Trustee and any agent of the Company or the Trustee evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section 2.12 by virtue of the fact that any such Note is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall also be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes of such series the same Class duly authenticated and delivered hereunder. Every substitute Note issued pursuant to the provisions of this Section 2.12 by virtue of the fact that any Note is mutilated or defaced shall constitute an additional contractual obligation of the Company and shall be entitled to all the benefits of (but shall also be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Notes of the same Class duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment of mutilated or conversion of mutilated, defaced or destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Defaced, Destroyed, Lost and Stolen Notes. In ---------------------------------------------------- case any temporary or definitive Note shall become mutilated, defaced or be destroyed, lost or stolen, the Company in Issuer at its discretion may execute, and upon delivery of an Authentication Order, the Trustee shall authenticate and deliver a new Note of the same series, maturity date, interest rate and Original Issue Date, bearing a number or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note, or in lieu of and substitution for the Note so destroyed, lost or stolen. In every case any Note that has matured or is about to mature or has been called for redemption in full shall become mutilated or defaced or be destroyed, lost or stolen, the applicant for Issuer at its discretion may instead of issuing a substitute Note shall furnish to Note, pay or authorize the Company and to the Trustee and any agent payment of the Company or the Trustee such security or indemnity as may be required by them to indemnify and defend and to save each of them harmless and, in every case of destruction, loss or theft, evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership same (without surrender thereof and except in the case of mutilation a mutilated or defacement shall surrender the Note to the Trusteedefaced Note). Upon the issuance of any substitute Note, the Company Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. In case addition, the Issuer may require as a condition for the issuance of any Note which has matured or is about to mature or has been called issued in exchange and substitution for redemption in full, or is being surrendered for conversion in full, shall become a mutilated or defaced Note, or be in lieu of and substitution for a Note destroyed, lost or stolen, that the Company mayHolder provide such guarantees, instead of issuing certifications and indemnifications as the Issuer may deem prudent in order to protect the Issuer against multiple claims with respect to a substitute single Note, pay or authorize the payment of the same (without surrender thereof except in the case of mutilated or defaced Notes), if the applicant for such payment shall furnish to the Company and to the Trustee and any agent of the Company or the Trustee such security or indemnity as any of them may require to save each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company and the Trustee and any agent of the Company or the Trustee evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note of any series issued pursuant to the provisions of this Section by virtue of the fact that any such Note is destroyed, lost or stolen shall constitute an additional contractual obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone and shall be entitled to all the benefits of (but shall be subject to all the limitations of rights set forth in) this Indenture Master Loan Agreement equally and proportionately with any and all other Notes of such series duly authenticated and delivered hereunder. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment or conversion of mutilated, defaced or destroyed, lost or stolen Notes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities Notes without their surrender.