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

Mutilated, Destroyed, Lost and Stolen Bonds. If any mutilated Bond is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Bond and (b) such security and/or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Bond is held by a protected purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Bond, a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, 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 reasonable expenses (including the fees and expenses of the Trustee) in connection therewith. Every new Bond of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond shall constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bond, and any such new Bond shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If any mutilated Bond is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Bond and (b) such security and/or or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Bond is held by a protected purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Bond, a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, 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 reasonable expenses (including the fees and expenses of the Trustee) in connection connected therewith. Every new Bond of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond shall constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bond, and any such new Bond shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (i) any mutilated Bond is surrendered to the Trustee, the Company shall execute Trustee and the Trustee shall authenticate and deliver in exchange therefor a new Bond of receives evidence (including without limitation an affidavit from the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered Holder) to the Company and the Trustee (a) evidence to their its satisfaction of the ownership of and the destruction, loss or theft of any Bond Bond, and (bii) there is delivered to the Company and the Trustee such security and/or or indemnity as may be reasonably required by them it to save each of them and any agent of either of them the Trustee harmless, then, in the absence of notice to the Company or the Trustee that such Bond is held has been acquired by a protected bona fide purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and Tranche, and of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, in In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Company and the Trustee may require the payment of a sum sufficient to cover pay any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) in connection connected therewith. Every new Bond of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bondanyone, and any such new Bond shall be entitled to all the benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (i) any mutilated Bond is surrendered to the TrusteeTrustee or the Company, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and Security Registrar or the Trustee (a) receives evidence to their its satisfaction of the ownership of and the destruction, loss or theft of any Bond Bond, and (bii) there is delivered to the Company, the Security Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security and/or or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Bond is held by a protected purchaser, the Company shall execute and upon its request the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and Tranche, and of like tenor and principal amount and amount, bearing a number not contemporaneously outstandingthen Outstanding. Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Company, upon satisfaction of the conditions set forth in its discretion clauses (i) and (ii) of the immediately preceding paragraph may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this SectionSection 2.9, 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 reasonable expenses (including the fees and expenses of the Trustee) in connection connected therewith. Every new Bond of any series issued pursuant to this Section 2.9 in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bondanyone, and any such new Bond shall be entitled to all the security and benefits of this Indenture equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section 2.9 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If In the event that any mutilated Bond is surrendered to the Trusteeshall become mutilated, defaced, destroyed, lost or stolen, the Company shall will execute and and, upon the Company’s request, the Trustee shall will authenticate and deliver in exchange therefor a new Bond of the same series and TrancheBond, and of like tenor (including the same date of issuance) and equal principal amount amount, registered in the same manner, and bearing interest from the date to which interest has been paid on such Bond, in exchange and substitution for such Bond (upon surrender and cancellation thereof) or in lieu of and substitution for such Bond. In the event that such Bond is destroyed, lost or stolen, the applicant for a number not contemporaneously outstanding. If there substitute Bond shall be delivered furnish to the Company and the Trustee (a) such security or indemnity as may be required by them to hold each of them harmless, and, in every case of destruction, loss or theft of such Bond, the applicant shall also furnish to the Company and the Trustee satisfactory evidence to their satisfaction of the ownership of and the destruction, loss or theft of any such Bond and (b) such security and/or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Bond is held by a protected purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Bond, a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstandingownership thereof. Notwithstanding the foregoing, in In case any such mutilated, defaced, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this SectionSection 3.8, the Company may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable fees and expenses (including the fees and expenses of the Trustee) in connection connected therewith. Every new Bond of any series issued pursuant to this Section 3.8 in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bondanyone, and any such new Bond shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section 3.8 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (a) any mutilated Bond is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to or the Company and the Security Registrar and the Trustee (a) receive evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Bond Bond, and (b) there is delivered to the Company, the Security Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security and/or or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company Company, the Security Registrar or the Trustee that such Bond is held has been acquired by a protected bona fide purchaser, the Company shall execute and upon the Company’s request the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and Tranche, and of like tenor and principal amount and amount, bearing a number not contemporaneously then outstanding. If, after the delivery of such new Bond, a bona fide purchaser of the original Bond in lieu of which such new Bond was issued presents for payment such original Bond, the Company and the Trustee shall be entitled to recover such new Bond from the Person to whom it was delivered or any Person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expenses incurred by the Company or the Trustee in connection therewith. Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Company, upon satisfaction of the conditions set forth in its discretion clauses (a) and (b) of the preceding paragraph may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this SectionSection 2.9, 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 reasonable expenses (including the fees and expenses of the Trustee) in connection connected therewith. Every new Bond of any series issued pursuant to this Section 2.9 in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bondanyone, and any such new Bond shall be entitled to all the security and benefits of this Indenture equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section 29 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (i) any mutilated Bond is surrendered to the Bond Trustee, the Company shall execute and the Bond Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) receives evidence to their its satisfaction of the ownership of and the destruction, loss or theft of any Bond Bond, and (bii) there is delivered to the Bond Trustee such security and/or or indemnity as may be reasonably required by them the Bond Trustee to save each of them the Issuer and any agent of either of them the Bond Trustee harmless, then, in the absence of notice to the Company or the Bond Trustee that such Bond is held has been acquired by a protected bona fide purchaser, the Company Issuer shall execute and upon its request the Bond Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and Tranche, maturity and of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, in In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Bond Trustee in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Company Issuer and the Bond Trustee 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 reasonable expenses (including the fees and expenses of the Trustee) in connection connected therewith. Every new Bond of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond Bond, shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bondanyone, and any such new Bond shall be entitled to all the security and benefits of this Bond Indenture equally and proportionately ratably with any and all other Bonds of such series duly issued hereunderOutstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If any mutilated Bond is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Bond and (b) such security and/or or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Bond is held by a protected purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Bond, a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, 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 reasonable expenses (including the fees and expenses of the Trustee) in connection therewith. Every new Bond of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond shall constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bond, and any such new Bond shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (a) any mutilated Bond is surrendered to the Trustee, the Company shall execute and or the Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) receives evidence to their its satisfaction of the ownership of and the destruction, loss or theft of any Bond STAR Bond; and (b) there is delivered to the Trustee such security and/or or indemnity as may be reasonably required by them it to save each of them the Trustee and any agent of either of them the Issuer harmless, then, in the absence of notice to the Company or the Trustee that such STAR Bond is held has been acquired by a protected bona fide purchaser, the Company Issuer shall execute and upon its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and Trancheseries, maturity and of like tenor and principal amount and bearing a number not contemporaneously outstandingamount. Notwithstanding the foregoing, in In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Trustee in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such STAR Bond. Upon the issuance of any new Bond under this Section, the Company Issuer and the Trustee may require the payment by the owner thereof of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) in connection connected therewith. Every new Bond of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond Bond, shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bondanyone, and any such new Bond shall be entitled to all the security and benefits of this Indenture equally and proportionately ratably with any and all other Bonds of such series duly issued hereunderOutstanding STAR Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (a) any mutilated or defaced Bond is surrendered to the Trustee, or the Company shall execute Issuer and the Security Registrar and the Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) receive evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Bond Bond, and (b) there is delivered to the Issuer, the Security Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security and/or or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company Issuer, the Security Registrar or the Trustee that such Bond is held has been acquired by a protected bona fide purchaser, the Company Issuer shall execute and upon the Issuer's request the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen NRG Northeast Generating Indenture Bond, a new Bond of the same series and Tranche, and of like tenor tenor, interest rate and principal amount and amount, bearing a number not contemporaneously outstandingthen outstanding and registered in the same manner. If, after the delivery of such new Bond, a bona fide purchaser of the original Bond in lieu of which such new Bond was issued presents for payment such original Bond, the Issuer and the Trustee shall be entitled to recover such new Bond from the Person to whom it was delivered or any Person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expenses incurred by the Issuer or the Trustee in connection therewith. Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Issuer, upon satisfaction of the conditions set forth in its discretion clauses (a) and (b) of the preceding paragraph may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this SectionSection 2.9, the Company Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge Tax that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) in connection connected therewith. Every new Bond of any series issued pursuant to this Section 2.9 in lieu of any mutilated, destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bondanyone, and any such new Bond shall be entitled to all the security and benefits of this Indenture and the other Collateral Documents equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section 2.9 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (i) any mutilated Bond is surrendered to the TrusteeBond Registrar, or the Company, Oglethorpe, the Company shall execute Bond Registrar and the Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) receive evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Bond Bond, and (bii) there is delivered to the Company, Oglethorpe, the Bond Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security and/or or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company Company, Oglethorpe, the Bond Registrar or the Trustee that such Bond is held has been acquired by a protected bona fide purchaser, the Company shall execute and upon its request the Trustee or any other Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and Tranche, and of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, in In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, but subject to compliance with upon satisfaction of the foregoing conditionsconditions set forth in clauses (i) and (ii) of the preceding paragraph, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Company Bond Registrar 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 reasonable expenses (including the fees and expenses of the Trustee) in connection connected therewith. Every new Bond of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bondanyone, and any such new Bond shall be entitled to all the security and benefits of this Indenture equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (i) any mutilated Bond is surrendered to the TrusteeTrustee at its Corporate Trust Office, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to or (ii) the Company and the Trustee (a) receive evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Bond Bond, and, if required by the Company or the Trustee, there is delivered to the Company and (b) the Trustee such security and/or or indemnity as may be reasonably required by them sufficient, in their judgment, to save each of them and any agent of either of them harmlessPaying Agent harmless from any loss which they may suffer if such Bond is replaced as described below, then, in the absence of notice to and neither the Company or nor the Trustee receives notice that such Bond is held has been acquired by a protected bona fide purchaser, then the Company shall execute and upon Company Request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series like Stated Maturity and Tranchewith like terms and conditions and like principal amount, and of like tenor and principal amount and bearing a number not contemporaneously outstandingOutstanding. Notwithstanding the foregoing, in In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay the amount due on such BondBond in accordance with its terms. Upon the issuance of any new Bond under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation respect thereto and any other reasonable expenses (including the fees and expenses of the Trustee) in connection connected therewith. Every new Bond of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bondanyone, and any such new Bond shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (a) any mutilated Bond is surrendered to the TrusteeBond Registrar, or the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) Registrar receives evidence to their its satisfaction of the ownership of and the destruction, loss or theft of any Bond Bond, and (b) there is delivered to the Bond Registrar such security and/or or indemnity as may be reasonably required by them it to save each of them the District and any agent of either of them the Bond Registrar harmless, then, in the absence of notice to the Company District or the Trustee Bond Registrar that such Bond is held has been acquired by a protected bona fide purchaser, the Company District shall execute and and, upon its request, the Trustee Bond Registrar shall authenticate and deliver, deliver in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and Tranchelike tenor, and of like tenor series, Interest Mode and principal amount and amount, bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, in In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company District in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Company District and the Bond Registrar may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the TrusteeBond Registrar) in connection connected therewith. Every new Bond of any series issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the CompanyDistrict, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bondanyone, and any such new Bond shall be entitled to all the benefits and security of this Indenture equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (a) any mutilated or defaced Bond is surrendered to the Trustee, or the Company shall execute Issuer and the Security Registrar and the Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) receive evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Bond Bond, and (b) there is delivered to the Issuer, the Security Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security and/or or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company Issuer, the Security Registrar or the Trustee that such Bond is held has been acquired by a protected purchaser, the Company Issuer shall execute and upon the Issuer's request the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and Tranche, and of like tenor tenor, interest rate and principal amount and amount, bearing a number not contemporaneously outstandingthen outstanding and registered in the same manner. Notwithstanding If, after the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, 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 reasonable expenses (including the fees and expenses of the Trustee) in connection therewith. Every new Bond of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond shall constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder delivery of such new Bond, and any a bona fide purchaser of the original Bond in lieu of which such new Bond was issued presents for payment such original Bond, the Issuer and the Trustee shall be entitled to all recover such new Bond from the benefits of this Indenture equally and proportionately with Person to whom it was delivered or any and all other Bonds of such series duly issued hereunder. The provisions of this Section are exclusive Person taking therefrom, except a bona fide purchaser, and shall preclude (be entitled to recover upon the security or indemnity provided therefor to the extent lawful) all other rights and remedies with respect to of any loss, damage, cost or expenses incurred by the replacement Issuer or payment of mutilated, destroyed, lost or stolen Bonds.the Trustee in connection therewith. Northeast Generation Company Indenture --------------------------------------

Mutilated, Destroyed, Lost and Stolen Bonds. If (a) any mutilated or defaced Bond is surrendered to the Trustee, or the Company shall execute Issuer and the Security Registrar and the Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) receive evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Bond Bond, and (b) there is delivered to the Issuer, the Security Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security and/or or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company Issuer, the Security Registrar or the Trustee that such Bond is held has been acquired by a protected bona fide purchaser, the Company Issuer shall execute and upon the Issuer's request the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen NRG Northeast Generating Indenture ---------------------------------- Bond, a new Bond of the same series and Tranche, and of like tenor tenor, interest rate and principal amount and amount, bearing a number not contemporaneously outstandingthen outstanding and registered in the same manner. If, after the delivery of such new Bond, a bona fide purchaser of the original Bond in lieu of which such new Bond was issued presents for payment such original Bond, the Issuer and the Trustee shall be entitled to recover such new Bond from the Person to whom it was delivered or any Person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expenses incurred by the Issuer or the Trustee in connection therewith. Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Issuer, upon satisfaction of the conditions set forth in its discretion clauses (a) and (b) of the preceding paragraph may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this SectionSection 2.9, the Company Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge Tax that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) in connection connected therewith. Every new Bond of any series issued pursuant to this Section 2.9 in lieu of any mutilated, destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bondanyone, and any such new Bond shall be entitled to all the security and benefits of this Indenture and the other Collateral Documents equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section 2.9 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If any mutilated Bond is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Trancheseries, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Bond and (b) such security and/or or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Bond is held by a protected purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Bond, a new Bond of the same series and Trancheseries, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, 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 reasonable expenses (including the fees and expenses of the Trustee) in connection connected therewith. Every new Bond of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond shall constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bond, and any such new Bond shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (a) any ------------------------------------------ mutilated Bond is surrendered to the Trustee, the Company shall execute and Issuer or the Security Registrar, or the Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) receives evidence to their its satisfaction of the ownership of and the destruction, loss or theft of any Bond Bond, and (b) there is delivered to the Issuer, the Security Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity of such mutilated, destroyed, lost or stolen Bond, and such security and/or or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company Issuer, the Security Registrar or the Trustee that such Bond is held has been acquired by a protected bona fide purchaser, the Company Issuer shall execute and and, upon the Issuer's request, the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and Tranche, and of like tenor and principal amount and amount, bearing a number not contemporaneously then outstanding. If, after the delivery of such new Bond, a bona fide purchaser of the original Bond in lieu of which such new Bond was issued presents for payment such original Bond, the Issuer and the Trustee shall be entitled to recover such new Bond from the Person to whom it was delivered or any Person taking therefrom, except a bona fide purchaser, 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 or the Trustee in connection therewith. Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Issuer, upon satisfaction of the conditions set forth in its discretion clauses (a) and (b) of the preceding paragraph, may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this SectionSection 2.10, the Company Issuer ------------ may require the payment of a sum sufficient to cover any tax or other governmental charge Tax that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) in connection connected therewith. Every new Bond of any series issued pursuant to this Section 2.10 in lieu of any ------------ mutilated, destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bondanyone, and any such new Bond shall be entitled to all the security and benefits of this Indenture and the Security Documents equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section 2.10 are exclusive and shall preclude ------------ (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (a) any mutilated Bond is surrendered to the Trustee, the Company shall execute and Partnership or the Security Registrar, or the Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) receives evidence to their its satisfaction of the ownership of and the destruction, loss or theft of any Bond Bond, and (b) there is delivered to the Partnership, the Security Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity of such mutilated, destroyed, lost or stolen Bond, and such security and/or or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company Partnership, the Security Registrar or the Trustee that such Bond is held has been acquired by a protected bona fide purchaser, the Company Funding Corporation and the Partnership shall execute and upon the Funding Corporation's and the Partnership's request the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and Tranche, and of like tenor and principal amount and amount, bearing a number not contemporaneously then outstanding. If, after the delivery of such new Bond, a bona fide purchaser of the original Bond in lieu of which such new Bond was issued presents for payment such original Bond, the Funding Corporation, the Partnership and the Trustee shall be entitled to recover such new Bond from the Person to whom it was delivered or any Person taking therefrom, except a bona fide purchaser, 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 Funding Corporation, the Partnership or the Trustee in connection therewith. Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Funding Corporation and the Partnership, upon satisfaction of the conditions set forth in its discretion clauses (a) and (b) of the preceding paragraph, may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this SectionSection 2.10, the Company Funding Corporation or the Partnership may require the payment of a sum sufficient to cover any tax or other governmental charge Tax that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) in connection connected therewith. Every new Bond of any series issued pursuant to this Section 2.10 in lieu of any mutilated, destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the CompanyFunding Corporation and the Partnership, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bondanyone, and any such new Bond shall be entitled to all the security and benefits of this Indenture and the Senior Security Documents equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section 2.10 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (i) any mutilated Bond is surrendered to the Trustee, or the Company shall execute Issuer and the Trustee shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) receive evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Bond Bond, and (bii) there is delivered to the Issuer and the Trustee such security and/or or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company Issuer or the Trustee that such Bond is held has been acquired by a protected bona fide purchaser, the Company Issuer shall execute and upon its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and Tranche, Stated Maturity and of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, in In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Issuer in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Company Issuer and the Trustee 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 reasonable expenses (including the fees and expenses of the Trustee) in connection connected therewith. Every new Bond of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond Bond, shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone other than the Holder of such new Bondanyone, and any such new Bond shall be entitled to all the security and benefits of this Indenture equally and proportionately ratably with any and all other Bonds of such series duly issued hereunderOutstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.