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

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificates.

Appears in 63 contracts

Samples: Market Agent Agreement (Pplus Trust Series GSC-3), Market Agent Agreement (Preferredplus Trust Series BLC-2), Market Agent Agreement (Merrill Lynch Depositor Inc Pplus Trust Series GSG 1)

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Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate or any mutilated Coupon with the Coupon Certificate to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its Corporate Trust Office (in the case of Registered Certificates) or at its principal London office (in the case of Bearer Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any CertificateCertificate or any Coupon, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate or Coupon has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen CertificateCertificate or in exchange for the Coupon Certificate to which such mutilated, destroyed lost or stolen Coupon appertained, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 and, in lieu the case of a lostCoupon Certificate, destroyed with such Coupons attached thereto so that neither gain nor loss in interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class Class, with its Coupons, if any, issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate or Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class and their Coupons, if any, duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificatesmutilated, destroyed, lost or stolen Certificates or Coupons.

Appears in 9 contracts

Samples: Market Agent Agreement (Lehman Abs Corp), Market Agent Agreement (Lehman Abs Corp), Market Agent Agreement (Lehman Abs Corp)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 7 contracts

Samples: Trust Agreement (Fixed Income Client Solutions LLC), Section Agreement (Structured Products Corp), Trust Agreement (Structured Products Corp)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered presented to the Depositor and the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may reasonably require to hold save each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide protected purchaser, then then, in each case, the Depositor Trustee shall execute and the Trusteeexecute, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series any authorized denomination or Class denominations of like tenor, form, terms tenor and principal amountCertificate Principal Balance, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 so that neither gain nor loss in lieu of a lost, destroyed interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.055.04, the Trustee may require the payment by the Certificateholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other reasonable expenses (including the reasonable fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 5.04 shall constitute complete and indefeasible evidence of ownership in the Trust related to such SeriesProperty, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class Certificates, if any, duly issued hereunderthereunder. The provisions terms of this Section 5.05 5.04 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 5 contracts

Samples: Trust Agreement (Incapital Trust Products LLC), Trust Agreement (Bond Trust Products LLC), Trust Agreement (Incapital Trust Products LLC)

Mutilated, Destroyed, Lost and Stolen Certificates. If -------------------------------------------------- (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust the Delivery Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor Trustee shall execute and the Trusteeand, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 4 contracts

Samples: Elmwood Funding LTD, Elmwood Funding LTD, Elmwood Funding LTD

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered presented to the Depositor and the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may reasonably require to hold save each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then then, in each case, the Depositor Trustee shall execute and the Trusteeexecute, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series any authorized denomination or Class denominations of like tenor, form, terms tenor and principal amountCertificate Principal Balance, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 so that neither gain nor loss in lieu of a lost, destroyed interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.055.04, the Trustee may require the payment by the Certificateholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other reasonable expenses (including the reasonable fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 5.04 shall constitute complete and indefeasible evidence of ownership in the Trust related to such SeriesProperty, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class Certificates, if any, duly issued hereunderthereunder. The provisions terms of this Section 5.05 5.04 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 4 contracts

Samples: Trust Agreement (Bond Trust Products LLC), Trust Agreement (Core Bond Products LLC), Trust Agreement (Core Bond Products LLC)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor Trustor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor Trustor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor Trustor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor Trustor shall execute and the Trustee, upon receipt of a Depositor Trustor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Trustor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 3 contracts

Samples: Base Trust Agreement (Synthetic Fixed Income Securities Inc), Trust Agreement (Synthetic Fixed Income Securities Inc), Base Trust Agreement (STRATS(SM) Trust for Procter & Gamble Securities, Series 2006-1)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for any such mutilated Certificate, or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class Class, issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class Class, duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 3 contracts

Samples: Series Supplement (Bear Stearns Depositor Inc), Bear Stearns Depositor Inc, Bear Stearns Depositor Inc

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered presented to the Depositor and the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold save each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and then, in each case, the Trustee, upon receipt of a Depositor Ordershall execute, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 so that neither gain nor loss in lieu of a lost, destroyed interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such SeriesProperty, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this the Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class Certificates, if any, duly issued hereunderthereunder. The provisions terms of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 3 contracts

Samples: Trust Agreement (Comcertz Abs Corp), Trust Agreement (Comcertz Abs Corp), Comcertz Abs Corp

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or (ii) Unit Agent, the Depositor Issuers shall execute and deliver to the Unit Agent, and the Trustee receive Unit Agent, upon Issuer Order and subject to Section 1.3, shall authenticate and deliver in exchange therefor, a new Certificate, evidencing the same number of Units and bearing a Certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Unit Agent (i) evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee (ii) such security or indemnity as they may require be required by them to hold each of them and any Paying Agent agent of any of them harmless, then, in the absence of notice to the Company and neither the Depositor nor Trust or the Trustee receives notice Unit Agent that such Certificate has been acquired by a bona fide protected purchaser, then the Depositor Company and the Trust shall execute and deliver to the TrusteeUnit Agent, and the Unit Agent, upon receipt of a Depositor OrderIssuer Order and subject to Section 1.3, shall authenticate and deliverdeliver to the Holder, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of Certificate, evidencing the same Series or Class number of like tenor, form, terms Units and principal amount, bearing a Certificate number not contemporaneously Outstandingoutstanding. Any Notwithstanding the foregoing, the Issuers shall not be obligated to execute and deliver to the Unit Agent, and the Unit Agent shall not be obligated to authenticate and deliver to the Holder, a Certificate executedon or after the Business Day immediately preceding the Expiration Date. In lieu of delivery of a new Certificate, authenticated and delivered under upon satisfaction of the applicable conditions specified above in this Section 5.05 and receipt of appropriate registration or transfer instructions from such Holder, the Unit Agent shall deliver (subject to its actual receipt thereof) the consideration received by the Unit Agent on such Expiration Date (which may be (i) shares of Common Stock issuable in lieu respect of the exercise of Warrants pursuant to the Warrant Agreement, (ii) the Warrant Value receivable upon a redemption of such Warrants pursuant to the Warrant Agreement or (iii) proceeds of a lost, destroyed or stolen Remarketing receivable upon a contemporaneous remarketing of the Preferred Securities forming a part of the Units evidenced by such other Certificate (a "Predecessor Certificate") shall be deemed to evidence as provided in the same interest as the Predecessor CertificateDeclaration). Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Company, the Trust, and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect relation thereto and any other expenses (including the fees and expenses of the TrusteeUnit Agent) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 in lieu of any destroyed, lost or stolen Certificate shall constitute complete an original additional contractual obligation of the Issuers and indefeasible evidence of ownership the Holder in respect of the Trust related to such SeriesUnit evidenced thereby, whether or not the Predecessor destroyed, lost or stolen Certificate (and the Units evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of this Trust Unit Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued delivered hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 3 contracts

Samples: Unit Agreement (New York Community Bancorp Inc), Unit Agreement (New York Community Bancorp Inc), Unit Agreement (New York Community Capital Trust I)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or (ii) Unit Agent, the Depositor Issuers shall execute and deliver to the Unit Agent, and the Trustee receive Unit Agent, upon Issuer Order and subject to Section 1.2, shall authenticate and deliver in exchange therefor, a new Certificate, evidencing the same number of Units and bearing a Certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Unit Agent (i) evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee (ii) such security or indemnity as they may require be required by them to hold each of them and any Paying Agent agent of any of them harmless, then, in the absence of notice to the Company and neither the Depositor nor Trust or the Trustee receives notice Unit Agent that such Certificate has been acquired by a bona fide protected purchaser, then the Depositor Company and the Trust shall execute and deliver to the TrusteeUnit Agent, and the Unit Agent, upon receipt of a Depositor OrderIssuer Order and subject to Section 1.2, shall authenticate and deliverdeliver to the Holder, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of Certificate, evidencing the same Series or Class number of like tenor, form, terms Units and principal amount, bearing a Certificate number not contemporaneously Outstandingoutstanding. Any Notwithstanding the foregoing, the Issuers shall not be obligated to execute and deliver to the Unit Agent, and the Unit Agent shall not be obligated to authenticate and deliver to the Holder, a Certificate executedon or after the Business Day immediately preceding the Expiration Date. In lieu of delivery of a new Certificate, authenticated and delivered under upon satisfaction of the applicable conditions specified above in this Section 5.05 and receipt of appropriate registration or transfer instructions from such Holder, the Unit Agent shall deliver (subject to its actual receipt thereof) the consideration received by the Unit Agent on such Expiration Date (which may be (i) shares of Common Stock issuable in lieu respect of the exercise of Warrants pursuant to the Warrant Agreement, (ii) the Warrant Value receivable upon a redemption of such Warrants pursuant to the Warrant Agreement or (iii) proceeds of a lost, destroyed or stolen Remarketing receivable upon a contemporaneous remarketing of the Preferred Securities forming a part of the Units evidenced by such other Certificate (a "Predecessor Certificate") shall be deemed to evidence as provided in the same interest as the Predecessor CertificateDeclaration). Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Company, the Trust, and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect relation thereto and any other expenses (including the fees and expenses of the TrusteeUnit Agent) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 in lieu of any destroyed, lost or stolen Certificate shall constitute complete an original additional contractual obligation of the Issuers and indefeasible evidence of ownership the Holder in respect of the Trust related to such SeriesSecurity evidenced thereby, whether or not the Predecessor destroyed, lost or stolen Certificate (and the Units evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of this Trust Unit Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued delivered hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 2 contracts

Samples: Unit Agreement (New York Community Bancorp Inc), Unit Agreement (New York Community Bancorp Inc)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide protected purchaser, then the Depositor Trustee shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of beneficial ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 2 contracts

Samples: Reconciliation And (Structured Products Corp), Base Trust Agreement (Structured Products Corp)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement these Standard Terms equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 2 contracts

Samples: Hexagon ABS Corp., CSFB Asset Repackaging Depositor LLC

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide protected purchaser, then the Depositor shall execute prepare and the Trustee, upon receipt of a Depositor Order, shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 2 contracts

Samples: Trust Agreement (Fixed Income Trust for Goldman Sachs Subordinated Notes, Series 2011-1), Trust Agreement (Fixed Income Trust for Prudential Financial, Inc. Notes, Series 2012-1)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificates.

Appears in 2 contracts

Samples: Merrill Lynch Depositor Inc, Merrill Lynch Depositor Inc

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate or any mutilated Coupon with the Coupon Certificate to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its Corporate Trust Office (in the case of Registered Certificates) or at such other office designated by the Trustee (in the case of Bearer Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any CertificateCertificate or any Coupon, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate or Coupon has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen CertificateCertificate or in exchange for the Coupon Certificate to which such mutilated, destroyed, lost or stolen Coupon appertained, a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 and, in lieu the case of a lostCoupon Certificate, destroyed with such Coupons attached thereto so that neither gain nor loss in interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class Class, with its Coupons, if any, issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate or Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class and their Coupons, if any, duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificatesmutilated, destroyed, lost or stolen Certificates or Coupons.

Appears in 2 contracts

Samples: Base Trust Agreement (Structured Products Corp), Base Trust Agreement (Structured Products Corp)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for any such mutilated Certificate, or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 2 contracts

Samples: Warrant Agent Agreement (Select Asset Inc), Warrant Agent Agreement (Select Asset Inc)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate or any mutilated Coupon with the Coupon Certificate to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its Corporate Trust Office (in the case of Registered Certificates) or at its principal London office (in the case of Bearer Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any CertificateCertificate or any Coupon, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate or Coupon has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen CertificateCertificate or in exchange for the Coupon Certificate to which such mutilated, destroyed, lost or stolen Coupon appertained, a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 and, in lieu the case of a lostCoupon Certificate, destroyed with such Coupons attached thereto so that neither gain nor loss in interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class Class, with its Coupons, if any, issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate or Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class and their Coupons, if any, duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificatesmutilated, destroyed, lost or stolen Certificates or Coupons.

Appears in 2 contracts

Samples: Trust Agreement (Structured Products Corp), Trust Agreement (Structured Products Corp)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or such other locations as specified by the Trustee or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Trustee on behalf of the Trust (or the Depositor if specified in the Series Supplement) shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 so that neither gain nor loss in lieu of a lost, destroyed interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificatesmutilated, destroyed, lost or stolen Certificates or Coupons.

Appears in 1 contract

Samples: Southpoint Structured Assets Inc

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate or any mutilated Coupon with the Coupon Certificate to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its Corporate Trust Office (in the case of Registered Certificates) or at its principal London office (in the case of Bearer Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any CertificateCertificate or any Coupon, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate or Coupon has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for any such mutilated Certificate, or in lieu of any such destroyed, lost or stolen Certificate or in exchange for the Coupon Certificate to which such mutilated, destroyed, lost or stolen CertificateCoupon appertained, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 and, in lieu the case of a lostCoupon Certificate, destroyed with such Coupons attached thereto so that neither gain nor loss in interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class Class, with its Coupons, if any, issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate or Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class and their Coupons, if any, duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificatesmutilated, destroyed, lost or stolen Certificates or Coupons.

Appears in 1 contract

Samples: Bond Products Depositor LLC

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Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered presented to the Depositor and the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may reasonably require to hold save each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then then, in each case, the Depositor Trustee shall execute and the Trusteeexecute, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series any authorized denomination or Class denominations of like tenor, form, terms tenor and principal amountCertificate Principal Balance, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 so that neither gain nor loss in lieu of a lost, destroyed interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.055.04, the Trustee may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other reasonable expenses (including the reasonable fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 5.04 shall constitute complete and indefeasible evidence of ownership in the Trust related to such SeriesProperty, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class Certificates, if any, duly issued hereunderthereunder. The provisions terms of this Section 5.05 5.04 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 1 contract

Samples: Trust Agreement (Core Bond Products LLC)

Mutilated, Destroyed, Lost and Stolen Certificates. If -------------------------------------------------- (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for any such mutilated Certificate, or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class Class, issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class Class, duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 1 contract

Samples: Trust Agreement (Db Depositor Inc)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Registered Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for any such mutilated Certificate, or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding; provided, however, that if any such destroyed, lost or stolen Certificate, but not a mutilated Certificate, shall have become or within seven days shall be due and payable, or shall have been called for redemption, instead of issuing a replacement Certificate, the Trustee may pay such destroyed, lost or stolen Certificate when so due or payable or upon the Redemption Date without surrender thereof. Any If, after the delivery of such replacement Certificate executedor payment of a destroyed, authenticated and delivered under this Section 5.05 lost or stolen Certificate pursuant to the proviso to the preceding sentence, a bona fide purchaser of the original Certificate in lieu of a lostwhich such replacement Certificate was issued presents for payment such original Certificate, destroyed or stolen the Depositor and the Trustee shall be entitled to recover such replacement Certificate (or such payment) from the Person to whom it was delivered or any Person taking such replacement Certificate from such Person to whom such replacement Certificate was delivered or any assignee of such Person, except a "Predecessor Certificate") bona fide purchaser, and shall be deemed entitled to evidence recover upon the same interest as security or indemnity provided therefor to the Predecessor Certificateextent of any loss, damage, cost or expense incurred by the Depositor or the Trustee in connection therewith. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 1 contract

Samples: Trust Agreement (Freedom Depository LLC)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate or any mutilated Coupon with the Coupon Certificate to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its Corporate Trust Office (in the case of Registered Certificates) or at its principal London office (in the case of Bearer Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any CertificateCertificate or any Coupon, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate or Coupon has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for any such mutilated Certificate, or in lieu of any such mutilated, destroyed, lost or stolen CertificateCertificate or in exchange for the Coupon Certificate to which such mutilated, destroyed lost or stolen Coupon appertained, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 and, in lieu the case of a lostCoupon Certificate, destroyed with such Coupons attached thereto so that neither gain nor loss in interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class Class, with its Coupons, if any, issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate or Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class and their Coupons, if any, duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificatesmutilated, destroyed, lost or stolen Certificates or Coupons.

Appears in 1 contract

Samples: Select Asset Inc

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor Trustee shall execute and the Trusteeexecute, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 1 contract

Samples: Base Trust Agreement (Prudential Securities Structured Assets Inc)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor Trustor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor Trustor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor Trustor nor the Trustee receives notice that such Certificate has been acquired by a bona fide protected purchaser, then the Depositor Trustee shall execute and the Trustee, upon receipt of a Depositor Trustor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Trustor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of beneficial ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 1 contract

Samples: Base Trust Agreement (Structured Products Corp)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered presented to the Depositor or the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee receive such security or indemnity as they may require to hold save each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then then, in each case, the Depositor Trustee shall execute and the Trusteecause one of its Responsible Officers to execute, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of 30 39 any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and equal to the same Series share of the Principal Balance (or Class of like tenorNotional Amount, form, terms and principal amountas applicable), bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 so that neither gain nor loss in lieu of a lost, destroyed interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05, the Trustee may require the payment by the Person that will become the holder of such Certificate of a sum sufficient to cover any tax or other governmental charge that may be imposed in with respect thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. Every Each new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of a beneficial ownership interest in the Trust related to such SeriesProperty, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time be enforceable by anyone, and shall be entitled to all the benefits of this the Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunderthereunder. The provisions terms of this Section 5.05 are exclusive and shall preclude (to the extent lawfulpermitted by applicable law) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 1 contract

Samples: Credit & Asset Repackaging Vehicle Corp

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they it may require to hold each of them it and any Paying Agent harmless, and neither the Depositor nor the Trustee receives has not received notice that such Certificate has been acquired by a bona fide BONA FIDE purchaser, then the Depositor Trustee shall execute and the Trusteeexecute, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 1 contract

Samples: Series (Prudential Securities Structured Assets Inc)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor Trustor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor Trustor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor Trustor nor the Trustee receives notice that such Certificate has been acquired by a bona fide protected purchaser, then the Depositor Trustor shall execute prepare and the Trustee, upon receipt of a Depositor Trustor Order, shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 1 contract

Samples: Base Trust Agreement (Synthetic Fixed Income Securities Inc)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity idemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 so that neither gain nor loss in lieu of a lost, destroyed interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificatesmutilated, destroyed, lost or stolen Certificates or Coupons.

Appears in 1 contract

Samples: Southpoint Structured Assets Inc

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 1 contract

Samples: Trust Agreement (Structured Obligations Corp)

Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered presented to the Depositor or the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee receive such security or indemnity as they may require to hold save each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then then, in each case, the Depositor Trustee shall execute and the Trusteecause one of its Responsible Officers to execute, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and equal to the same Series share of the Principal Balance (or Class of like tenorNotional Amount, form, terms and principal amountas applicable), bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 so that neither gain nor loss in lieu of a lost, destroyed interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05, the Trustee may require the payment by the Person that will become the holder of such Certificate of a sum sufficient to cover any tax or other governmental charge that may be imposed in with respect thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. Every Each new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of a beneficial ownership interest in the Trust related to such SeriesProperty, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time be enforceable by anyone, and shall be entitled to all the benefits of this the Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunderthereunder. The provisions terms of this Section 5.05 are exclusive and shall preclude (to the extent lawfulpermitted by applicable law) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.

Appears in 1 contract

Samples: Credit & Asset Repackaging Vehicle Corp

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