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

Mutilated, Defaced, Destroyed, Lost or Stolen Notes. In case this Note shall at any time become mutilated, defaced, destroyed, lost or stolen, and this Note or evidence of the loss, theft or destruction hereof satisfactory to the Issuer and the Security Registrar and such other documents or proof as may be required by the Issuer and the Security Registrar shall be delivered to the Security Registrar, the Security Registrar shall issue a new Note of like tenor and principal amount, having a serial number not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note or in lieu of the Note destroyed, lost or stolen but, in the case of any destroyed, lost or stolen Note, only upon receipt of evidence satisfactory to the Issuer and the Security Registrar that this Note was destroyed, stolen or lost, and, if required, upon receipt of indemnity satisfactory to the Issuer and the Security Registrar. Upon the issuance of any substituted Note, the Issuer may require the payment of a sum sufficient to cover all expenses and reasonable charges connected with the preparation and delivery of a new Note. If any Note which has matured or has been redeemed or repaid or is about to mature or to be redeemed or repaid shall become mutilated, defaced, destroyed, lost or stolen, the 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 Note) upon compliance by the holder with the provisions of this paragraph.

Mutilated, Defaced, Destroyed, Lost or Stolen Notes. In case this Note shall at any time become mutilated, defaced, destroyed, lost or stolen, and this Note or evidence of the loss, theft or destruction hereof satisfactory to the Issuer and the Security Registrar London Issuing Agent and such other documents or proof as may be required by the Issuer and the Security applicable Registrar shall be delivered to the Security RegistrarLondon Issuing Agent, the Security Registrar London Issuing Agent shall issue a new Note of like tenor and principal amount, having a serial number not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note or in lieu of the Note destroyed, lost or stolen but, in the case of any destroyed, lost or stolen Note, only upon receipt of evidence satisfactory to the Issuer and the Security Registrar London Issuing Agent that this Note was destroyed, stolen or lost, and, if required, upon receipt of indemnity satisfactory to the Issuer and the Security applicable Registrar. Upon the issuance of any substituted Note, the Issuer may require the payment of a sum sufficient to cover all expenses and reasonable charges connected with the preparation and delivery of a new Note. If any Note which has matured or has been redeemed or repaid or is about to mature or to be redeemed or repaid shall become mutilated, defaced, destroyed, lost or stolen, the 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 Note) upon compliance by the holder with the provisions of this paragraph.

Mutilated, Defaced, Destroyed, Lost or Stolen Notes. In case this Note shall at any time become mutilated, defaced, destroyed, lost or stolen, and this Note or evidence of the loss, theft or destruction hereof satisfactory to the Issuer and the Security applicable Registrar and such other documents or proof as may be required by the Issuer and the Security applicable Registrar shall be delivered to the Security applicable Registrar, the Security applicable Registrar shall issue a new Note of like tenor and principal amount, having a serial number not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note or in lieu of the Note destroyed, lost or stolen but, in the case of any destroyed, lost or stolen Note, only upon receipt of evidence satisfactory to the Issuer and the Security applicable Registrar that this Note was destroyed, stolen or lost, and, if required, upon receipt of indemnity satisfactory to the Issuer and the Security applicable Registrar. Upon the issuance of any substituted Note, the Issuer may require the payment of a sum sufficient to cover all expenses and reasonable charges connected with the preparation and delivery of a new Note. If any Note which has matured or has been redeemed or repaid or is about to mature or to be redeemed or repaid shall become mutilated, defaced, destroyed, lost or stolen, the 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 Note) upon compliance by the holder with the provisions of this paragraph.

Mutilated, Defaced, Destroyed, Lost or Stolen Notes. In case this Note shall at any time become mutilated, defaced, destroyed, lost or stolen, and this Note or evidence of the loss, theft or destruction hereof satisfactory to the Issuer Corporation and the Security Registrar Trustee and such other documents or proof as may be required by the Issuer Corporation and the Security Registrar Trustee shall be delivered to the Security RegistrarTrustee, the Security Registrar Trustee shall issue a new Note of like tenor tenor, form, payment and other terms and principal amount, having bearing a serial number not contemporaneously outstandingused or in use for any other Notes issued under the Indenture, in exchange and substitution for the mutilated or defaced Note or in lieu of the Note destroyed, lost or stolen but, in the case of any destroyed, lost or stolen Note, only upon receipt of evidence satisfactory to the Issuer Corporation and the Security Registrar Trustee that this Note was destroyed, stolen or lost, and, if required, upon receipt of indemnity satisfactory to the Issuer Corporation and the Security RegistrarTrustee. Upon the issuance of any substituted Note, the Issuer Corporation may require the payment of a sum sufficient to cover all expenses and reasonable charges connected with the preparation and delivery of a new Note. If any Note which has matured or has been redeemed or repaid or is about to mature or to be redeemed or repaid shall become mutilated, defaced, destroyed, lost or stolen, the Issuer Corporation 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 Note) upon compliance by the holder with the provisions of this paragraph.

Mutilated, Defaced, Destroyed, Lost or Stolen Notes. In case this any Note shall at any time become mutilated, defaced, destroyed, lost or stolen, and this such Note or satisfactory evidence of the destruction, loss, or theft or destruction hereof satisfactory thereof (together with the security and indemnity hereinafter referred to the Issuer and the Security Registrar and such other documents or proof as may be required by the Issuer and the Security Registrar Company), shall be delivered to the Security RegistrarCompany, then the Security Registrar Company shall issue execute and the Trustee shall authenticate and deliver, in lieu of such Note, a new Note of like tenor and principal amount, having bearing a serial number not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note or in lieu outstanding of the Note destroyedsame form, lost or stolen butSettlement Date, in Interest Rate, denomination, Maturity Date and Interest Payment Dates. In the case of any mutilated, defaced, destroyed, lost or stolen Note, only upon receipt of evidence satisfactory to the Issuer and the Security Registrar that this Note was destroyed, stolen a surety bond or lost, and, if required, upon receipt of other indemnity satisfactory to the Issuer Company and the Security RegistrarTrustee may be required of the holder of such Note before a replacement Note will be issued. Upon All expenses (including taxes and governmental charges) associated with obtaining such indemnity and in issuing the issuance new Note shall be borne by the holder of any substituted Note, the Issuer may require the payment of a sum sufficient to cover all expenses and reasonable charges connected with the preparation and delivery of a new Note. If any Note which has matured or has been redeemed or repaid or is about to mature or to be redeemed or repaid shall become so mutilated, defaced, destroyed, lost or stolen. In case any such mutilated, defaced, destroyed, lost or stolen Note has become or is about to become due and payable in full, the Issuer mayCompany in its discretion, instead of issuing a substitute Note, new Note may pay or authorize such Note on the payment of the same (without surrender thereof except in the case of a mutilated or defaced Note) upon compliance by the holder with date such Note is due and payable. Every substituted Note issued pursuant to the provisions of this paragraphSection by virtue of the fact that any Note is destroyed, lost or stolen shall, with respect to such Note, constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be found at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. All Notes shall be held and owned upon the express condition that the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, defaced, destroyed, lost or stolen Notes and shall, to the extent permitted by law, 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 or Stolen Notes. In If (a) any mutilated or defaced Note is surrendered to a Transfer Agent, or if there shall be delivered to the Co-Issuers, the Trustee and the Transfer Agent (each, a “Specified Person”) evidence to their reasonable satisfaction of the destruction, loss or theft of any Note and (b) there is delivered to the Specified Persons such security or indemnity as may reasonably be required by them to save each of them harmless, then, in the absence of notice to the Specified Persons that such Note has been acquired by a bona fide purchaser, the Co-Issuers (or, in the case this Note of Class E Notes, the Issuer) shall at execute and shall direct the Trustee to authenticate, and upon Issuer Request the Trustee shall authenticate and deliver, in lieu of any time become such mutilated, defaced, destroyed, lost or stolen, and this stolen Note or evidence of the loss, theft or destruction hereof satisfactory to the Issuer and the Security Registrar and such other documents or proof as may be required by the Issuer and the Security Registrar shall be delivered to the Security Registrar, the Security Registrar shall issue a new Note of like tenor and principal amount, having a serial number not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note or in lieu of the Note destroyed, lost or stolen but, in the case of any destroyed, lost or stolen Note, only upon receipt of evidence satisfactory to the Issuer and the Security Registrar that this Note was destroyed, stolen or lost, and, if required, upon receipt of indemnity satisfactory to the Issuer and the Security Registrar. Upon the issuance of any substituted Note, the Issuer may require the payment of a sum sufficient to cover all expenses and reasonable charges connected with the preparation and delivery of a new Note. If any Note which has matured or has been redeemed or repaid or is about to mature or to be redeemed or repaid shall become as such mutilated, defaced, destroyed, lost or stolenstolen Note, of like tenor (including the same date of issuance) and equal principal amount, registered in the same manner, dated the date of its authentication, bearing interest from the date to which interest has been paid on the mutilated, defaced, destroyed, lost or stolen Note and bearing a number not contemporaneously outstanding. If, after delivery of such new Note, a bona fide purchaser of the predecessor Note presents for payment, transfer or exchange such predecessor Note, the Issuer Specified Persons shall be entitled to recover such new Note from the Person to whom it was delivered or any Person taking therefrom, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Specified Persons in connection therewith. In case any such mutilated, defaced, destroyed, lost or stolen Note has become due and payable, the Co-Issuers (or, in the case of Class E Notes, the Issuer) in their discretion may, instead of issuing a substitute new Note, pay or authorize the payment of the same (such Note without requiring surrender thereof except that any mutilated Note shall be surrendered. Upon the issuance of any new Note under this Section 2.5, the Co-Issuers, the Trustee or any Transfer Agent may require the payment by the registered Holder thereof 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. Every new Note issued pursuant to this Section 2.5 in lieu of any mutilated, defaced, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Co-Issuers (or, in the case of a mutilated or defaced NoteClass E Notes, the Issuer) upon compliance by and such new Note shall be entitled, subject to the holder second paragraph of this Section 2.5, to all the benefits of this Indenture equally and proportionately with the any and all other Notes duly issued hereunder. The provisions of this paragraphSection 2.5 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, defaced, destroyed, lost or stolen Notes.

Mutilated, Defaced, Destroyed, Lost or Stolen Notes. In case this any Note shall at any time become mutilated, defaced, destroyed, lost or stolen, and this such Note or satisfactory evidence of the destruction, loss, or theft or destruction hereof satisfactory thereof (together with the security and indemnity hereinafter referred to the Issuer and the Security Registrar and such other documents or proof as may be required by the Issuer and the Security Registrar Company), shall be delivered to the Security RegistrarCompany, then the Security Registrar Company shall issue execute and the Trustee shall authenticate and deliver, in lieu of such Note, a new Note of like tenor and principal amount, having bearing a serial number not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note or in lieu outstanding of the Note destroyedsame form, lost or stolen butSettlement Date, in Interest Rate, denomination, Maturity Date and Interest Payment Dates. In the case of any mutilated, defaced, destroyed, lost or stolen Note, only upon receipt of evidence satisfactory to the Issuer and the Security Registrar that this Note was destroyed, stolen a surety bond or lost, and, if required, upon receipt of other indemnity satisfactory to the Issuer Company and the Security RegistrarTrustee may be required of the holder of such Note before a replacement Note will be issued. Upon All expenses (including taxes and governmental charges) associated with obtaining such indemnity and in issuing the issuance new Note shall be borne by the holder of any substituted Note, the Issuer may require the payment of a sum sufficient to cover all expenses and reasonable charges connected with the preparation and delivery of a new Note. If any Note which has matured or has been redeemed or repaid or is about to mature or to be redeemed or repaid shall become so mutilated, defaced, destroyed, lost or stolen. In case any such mutilated, defaced, destroyed, lost or stolen Note has become or is about to become due and payable in full, the Issuer mayCompany in its discretion, instead of issuing a substitute Note, new Note may pay or authorize such Note on the payment of the same (without surrender thereof except in the case of a mutilated or defaced Note) upon compliance by the holder with date such Note is due and payable. Every substituted Note issued pursuant to the provisions of this paragraph.Section by virtue of the fact that any Note is destroyed, lost or stolen shall, with respect to such Note, constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be found at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. All Notes shall be held and owned upon the express condition that the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, defaced, destroyed, lost or stolen Notes and shall, to the extent permitted by law, preclude any and all

Mutilated, Defaced, Destroyed, Lost or Stolen Notes. In case this If (a) any mutilated or defaced Note is surrendered to a Transfer Agent, or if there shall at be delivered to the Issuers, the Trustee and the Transfer Agent evidence to their reasonable satisfaction of the destruction, loss or theft of any time become Note, and (b) there is delivered to the Issuers, the Transfer Agent and the Trustee such security or indemnity as may reasonably be required by them to save each of them harmless then, in the absence of notice to the Issuers, the Trustee or such Transfer Agent that such Note has been acquired by a bona fide purchaser, the Issuers shall execute and, upon Issuer Request, the Trustee shall authenticate and deliver, in lieu of any such mutilated, defaced, destroyed, lost or stolenstolen Note, and this Note or evidence of the loss, theft or destruction hereof satisfactory to the Issuer and the Security Registrar and such other documents or proof as may be required by the Issuer and the Security Registrar shall be delivered to the Security Registrar, the Security Registrar shall issue a new Note of like tenor the same Series and principal amount, having a serial number not contemporaneously outstanding, in exchange and substitution for the mutilated or defaced Note or in lieu of the Note destroyed, lost or stolen but, in the case of any destroyed, lost or stolen Note, only upon receipt of evidence satisfactory to the Issuer and the Security Registrar that this Note was destroyed, stolen or lost, and, if required, upon receipt of indemnity satisfactory to the Issuer and the Security Registrar. Upon the issuance of any substituted Note, the Issuer may require the payment of a sum sufficient to cover all expenses and reasonable charges connected with the preparation and delivery of a new Note. If any Note which has matured or has been redeemed or repaid or is about to mature or to be redeemed or repaid shall become Class as such mutilated, defaced, destroyed, lost or stolenstolen Note, of like tenor (including the same date of issuance) and equal principal amount, registered in the same manner, dated the date of its authentication, bearing interest from the date to which interest has been paid on the mutilated, defaced, destroyed, lost or stolen Note and bearing a number not contemporaneously outstanding. If, after delivery of such new Note, a bona fide purchaser of the predecessor Note presents for payment, transfer or exchange such predecessor Note, the Issuer Issuer, the Co-Issuer, the Note Registrar and the Trustee shall be entitled to demand return of such new Note from the Person to whom it was delivered or any Person taking therefrom, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Issuer, the Co-Issuer, the Trustee and the Note Registrar in connection therewith. In case any such mutilated, defaced, destroyed, lost or stolen Note has become due and payable, the Issuers in their discretion may, instead of issuing a substitute new Note, pay or authorize the payment of the same (such Note without requiring surrender thereof except in that any mutilated Note shall be surrendered. Upon the case issuance of any new Note under this Section 2.5, the Issuers, the Trustee or any Transfer Agent may require the payment by the registered holder thereof of a mutilated sum sufficient to cover any tax or defaced other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section 2.5 in lieu of any mutilated, defaced, destroyed, lost or stolen Note) upon compliance by , shall constitute an original additional contractual obligation of the holder with Issuers and such new Note shall be entitled, subject to the second paragraph of this Section 2.5, to all the benefits of this Indenture. The provisions of this paragraphSection 2.5 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, defaced, destroyed, lost or stolen Notes.

Mutilated, Defaced, Destroyed, Lost or Stolen Notes. In case this Note or any definitive notes issued in definitive form in exchange for beneficial interests in this Note in accordance with the Indenture (referred to herein as “Definitive Notes”) shall at any time become mutilated, defaced, destroyed, lost or stolen, and this Note or a Definitive Note or evidence of the loss, theft or destruction hereof or thereof satisfactory to the Issuer Company and the Security Registrar Trustee and such other documents or proof as may be required by the Issuer Company and the Security Registrar Trustee shall be delivered to the Security RegistrarTrustee, the Security Registrar Trustee shall issue a new Note or Definitive Note of like tenor tenor, form, payment and other terms and principal amount, having bearing a serial number not contemporaneously outstandingused or in use for any other Securities issued under the Indenture, in exchange and substitution for the mutilated or defaced Note or Definitive Note or in lieu of the Note or Definitive Note destroyed, lost or stolen but, in the case of any destroyed, lost or stolen Note or Definitive Note, only upon receipt of evidence satisfactory to the Issuer Company and the Security Registrar Trustee that this Note or Definitive Note was destroyed, stolen or lost, and, if required, upon receipt of indemnity satisfactory to the Issuer Company and the Security RegistrarTrustee. Upon the issuance of any substituted Note or Definitive Note, the Issuer Company may require the payment of a sum sufficient to cover all expenses and reasonable charges connected with the preparation and delivery of a new Note or Definitive Note. If any Note or Definitive Note which has matured or has been redeemed or repaid or is about to mature or to be redeemed or repaid shall become mutilated, defaced, destroyed, lost or stolen, the Issuer Company may, instead of issuing a substitute Note or Definitive Note, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated or defaced Note or Definitive Note) upon compliance by the holder with the provisions of this paragraph.

Mutilated, Defaced, Destroyed, Lost or Stolen Notes. In case this Note shall at any time become mutilated, defaced, destroyed, lost or stolen, and this Note or evidence of the loss, theft or destruction hereof satisfactory to the Issuer and the Security Registrar Trustee and such other documents or proof as may be required by the Issuer and the Security Registrar Trustee shall be delivered to the Security RegistrarTrustee, the Security Registrar Trustee shall issue a new Note of like tenor tenor, form, payment and other terms and provisions and principal amount, having amount and bearing a serial number not contemporaneously outstandingused or in use for any other Note issued under the Indenture, in exchange and substitution for the mutilated or defaced Note or in lieu of the Note destroyed, lost or stolen but, in the case of any destroyed, lost or stolen Note, only upon receipt of evidence satisfactory to the Issuer and the Security Registrar Trustee that this Note was destroyed, stolen or lost, and, if required, upon receipt of indemnity satisfactory to the Issuer and the Security RegistrarTrustee. Upon the issuance of any substituted Note, the Issuer may require the payment of a sum sufficient to cover all expenses and reasonable charges connected with the preparation and delivery of a new Note. If any Note which has matured or has been redeemed or repaid or is about to mature or to be redeemed or repaid shall become mutilated, defaced, destroyed, lost or stolen, the 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 Note) upon compliance by the holder with the provisions of this paragraph.