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

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen Note, the Indenture Trustee receives evidence to its satisfaction of the destruction, loss or theft of the Note and there is delivered to the Indenture Trustee, the Registrar and the Trust such security or indemnity as may be required by the Indenture Trustee, the Registrar and the Trust to save the Indenture Trustee, the Registrar and the Trust harmless, then in either case the Trust shall execute and the Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of such mutilated, destroyed, lost or stolen Note, a new Note, of the same maturity, tenor and principal amount as such mutilated, destroyed, lost or stolen Note, bearing a number not contemporaneously outstanding; provided, however, that if any such mutilated, destroyed, lost or stolen Note shall have become or shall be about to become due and payable, instead of issuing a new Note, the Trust may pay such Note without surrender of such Note, except that any mutilated Note shall be surrendered.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Indenture Trustee directly or through any Paying Agent the Note Registrar, or (ii) in the case of an alleged destroyedIssuer, lost the Note Registrar or stolen Note, the Indenture Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of the Note any Note, and (ii) there is delivered to the Indenture TrusteeIssuer, the Note Registrar and or the Trust Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the Indenture Trusteeabsence of notice to the Issuer, the Note Registrar and the Trust to save the Indenture Trustee, the Registrar and the Trust harmless, then in either case the Trust shall execute and or the Indenture Trustee shall that such Note has been acquired by a protected purchaser, the Issuer will execute and upon its request the Indenture Trustee will authenticate and deliverdeliver (in the case of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new NoteNote of like tenor, of the same maturitySeries, tenor Class or Tranche, Expected Final Payment Date, Legal Maturity Date and principal amount as such mutilated, destroyed, lost or stolen NoteStated Principal Amount, bearing a number not contemporaneously outstanding; provided, however, that if any such mutilated, destroyed, lost or stolen Note shall have become or shall be about to become due and payable, instead of issuing a new Note, the Trust may pay such Note without surrender of such Note, except that any mutilated Note shall be surrenderedOutstanding.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly Trustee, or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen Note, the Indenture Trustee receives evidence to its satisfaction of the destruction, loss or theft of the Note any Note, and (ii) there is delivered to the Indenture Trustee, the Registrar and the Trust Trustee such security or indemnity as it and the Issuer may be required by require to hold the Issuer, the Manager and the Indenture Trustee, the Registrar and the Trust to save the Indenture Trustee, the Registrar and the Trust Trustee harmless, then in either case the Trust Issuer shall execute and the Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, replacement Note of the same maturity, tenor Series and principal amount Class and maturity and of like terms as such the mutilated, destroyed, lost or stolen Note, bearing a number not contemporaneously outstanding; provided, however, that if any such mutilateddestroyed, lost or stolen Note, but not a mutilated Note, shall have become, or within seven days shall be, due and payable, the Issuer may pay such destroyed, lost or stolen Note shall have become when so due or shall be about to become due and payable, payable instead of issuing a new replacement Note, the Trust may pay such Note without surrender of such Note, except that any mutilated Note shall be surrendered.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen NoteBorrowers, the Indenture Trustee receives Borrowers shall execute therefor a new Note with the same principal amount, containing identical terms and provisions. If there shall be delivered to the Borrowers (a) evidence to its satisfaction of the destruction, loss or theft of the any Note and there is delivered to the Indenture Trustee, the Registrar and the Trust (b) such security or indemnity as may be required by them to hold the Indenture TrusteeBorrowers and any agent of the Borrowers harmless, then, in the absence of notice to the Borrowers that such Note has been acquired by a bona fide purchaser, the Registrar and the Trust to save the Indenture Trustee, the Registrar and the Trust harmless, then in either case the Trust Borrowers shall execute and the Indenture Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note or in exchange for such Note, a new Note with the same principal amount, containing identical terms and provisions. Upon the issuance of any new Note under this Section 10.12, the Borrowers may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith. Every new Note, issued pursuant to this Section 10.12 in lieu of such mutilated, any destroyed, lost or stolen Note, a new Note, shall constitute an original contractual obligation of the same maturityBorrowers, tenor and principal amount as such mutilated, destroyed, lost whether or stolen Note, bearing a number not contemporaneously outstanding; provided, however, that if any such mutilated, the destroyed, lost or stolen Note shall have become or be at any time enforceable by anyone, and shall be about entitled to become due and payable, instead all the benefits of issuing a new Note, the Trust may pay such Note without surrender of such Note, except that any mutilated Note shall be surrenderedthis Agreement.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated or defaced Note is surrendered to the Indenture Trustee, or the Issuer and the Note Registrar and the Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen Note, the Indenture Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of the Note any Note, and (ii) there is delivered to the Indenture TrusteeIssuer, the Note Registrar and the Trust Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security or indemnity as may be required by them to save each of them harmless, then, in the Indenture Trusteeabsence of notice to the Issuer, the Note Registrar and or the Trust to save the Indenture TrusteeTrustee that such Note has been acquired by a bona fide purchaser, the Registrar and the Trust harmless, then in either case the Trust Issuer shall execute and upon the Indenture 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 Note, a new NoteNote of like tenor, of the same maturity, tenor interest rate and principal amount as such mutilated, destroyed, lost or stolen Noteamount, bearing a number not contemporaneously outstanding; providedthen outstanding and registered in the same manner. If, however, that if any after the delivery of such mutilated, destroyed, lost or stolen Note shall have become or shall be about to become due and payable, instead of issuing a new Note, a bona fide purchaser of the Trust may pay original Note in lieu of which such new Note without surrender of was issued presents for payment such original Note, except that any mutilated Note the Issuer and the Trustee shall be surrenderedentitled to recover such new Note 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.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated or defaced Note is surrendered to the Indenture Trustee, or the Issuer and the Note Registrar and the Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen Note, the Indenture Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of the Note any Note, and (ii) there is delivered to the Indenture TrusteeIssuer, the Note Registrar and the Trust Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security or indemnity as may be required by them to save each of them harmless, then, in the Indenture Trusteeabsence of notice to the Issuer, the Note Registrar and or the Trust to save the Indenture TrusteeTrustee that such Note has been acquired by a bona fide purchaser, the Registrar and the Trust harmless, then in either case the Trust Issuer shall execute and upon the Indenture 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 Note, a new NoteNote of like tenor, of the same maturity, tenor interest rate and principal amount as such mutilated, destroyed, lost or stolen Noteamount, bearing a number not contemporaneously outstanding; providedthen outstanding and registered in the same manner. If, however, that if any after the delivery of such mutilated, destroyed, lost or stolen Note shall have become or shall be about to become due and payable, instead of issuing a new Note, a bona fide purchaser of the Trust may pay original Note in lieu of which such new Note without surrender of was issued presents for payment such original Note, except that any mutilated Note the Issuer and the Trustee shall be surrenderedentitled to recover such new Note 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.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to Upon receipt by the Lessor and the Indenture Trustee directly of evidence satisfactory to them of the theft, loss, destruction or through mutilation of any Paying Agent or Outstanding Note, and (ii) in the case of an alleged destroyedany such theft, lost loss or stolen Notedestruction) of indemnity satisfactory to them (provided, that if the Noteholder of such Note is a "qualified institutional buyer" of the type referred to in paragraph (a)(1)(i)(A), (B), (D) or (E) or Rule 144A under the Securities Act or the Pass Through Trustee, such Person's own unsecured agreement of indemnity will be deemed to be satisfactory), and upon payment, if the Lessor or the Indenture Trustee receives evidence to its satisfaction shall require it, of the destruction, loss or theft of the Note a reasonable charge and there is delivered upon reimbursement to the Lessor and the Indenture TrusteeTrustee of all reasonable expenses incident thereto, and upon surrender and cancellation of such Note, if mutilated, the Registrar and the Trust such security or indemnity as Lessor may be required by the Indenture Trusteeexecute, the Registrar and the Trust to save the Indenture Trustee, the Registrar and the Trust harmless, then in either case the Trust shall execute and the Indenture Trustee shall thereupon authenticate and deliver, in exchange for or a new Note of like tenor and of the same series with the same interest rate, Stated Maturity and other terms in lieu of such mutilatedstolen, destroyedlost, lost destroyed or stolen mutilated Note, a new Note, of the same maturity, tenor and principal amount as such mutilated, destroyed, lost or stolen Note, bearing a number not contemporaneously outstanding; provided, however, that if any such mutilated, destroyed, lost or stolen Note shall have become matured or shall be about to become due and payablemature, instead of issuing a new Notesubstituted Note the Lessor may pay the same without surrender thereof. Any indemnity bond shall name as obligees the Lessor, the Trust may pay such Note without surrender of such NoteIndenture Trustee, except that and if requested by the Lessor, any mutilated Note shall be surrenderedPaying Agent.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen NoteCompany, the Indenture Trustee receives Company shall execute and deliver in exchange therefor a new Note of the same principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company (a) evidence to its satisfaction of the destruction, loss or theft of the any Note and there is delivered to the Indenture Trustee, the Registrar and the Trust (b) such security or indemnity as may be required by the Indenture TrusteeCompany and any agent to save each of the Company and such agent harmless, then, in the absence of notice that such Note has been acquired by a bona fide purchaser, the Registrar and the Trust to save the Indenture Trustee, the Registrar and the Trust harmless, then in either case the Trust Company shall execute and the Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, Note of the same maturity, tenor and a like initial principal amount as such mutilated, destroyed, lost or stolen Note, and bearing a number not contemporaneously outstanding; provided, however, that if . In case any such mutilated, destroyed, lost or stolen Note shall have has become or shall be is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, the Trust may pay such Note without surrender Note. Upon the issuance of such any new Note, except 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 mutilated Note other expenses connected therewith. The provisions of this Section are exclusive and shall be surrenderedpreclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated or defaced Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyedIssuer, lost or stolen Note, and the Indenture Note Registrar and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of the Note any Note, and (ii) there is delivered to the Indenture TrusteeIssuer, the Note Registrar and the Trust Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security or indemnity as may be required by them to save each of them harmless, then, in the Indenture Trusteeabsence of notice to the Issuer, the Note Registrar and or the Trust to save the Indenture TrusteeTrustee that such Note has been acquired by a bona fide purchaser, the Registrar and the Trust harmless, then in either case the Trust Issuer shall execute and upon the Indenture 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 Note, a new NoteNote of like tenor, of the same maturity, tenor interest rate and principal amount as such mutilated, destroyed, lost or stolen Noteamount, bearing a number not contemporaneously outstanding; providedthen outstanding and registered in the same manner. If, however, that if any after the delivery of such mutilated, destroyed, lost or stolen Note shall have become or shall be about to become due and payable, instead of issuing a new Note, a bona fide purchaser of the Trust may pay original Note in lieu of which such new Note without surrender of was issued presents for payment such original Note, except that any mutilated Note the Issuer and the Trustee shall be surrenderedentitled to recover such new Note 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.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen NoteCompany, the Indenture Trustee receives Company shall execute and make available for delivery in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company (i) evidence to its reasonable satisfaction of the destruction, loss or theft of the any Note and there is delivered to the Indenture Trustee, the Registrar and the Trust (ii) such security or indemnity as may be required by the Indenture TrusteeCompany to save itself harmless, then, in the absence of notice to the Company that such Note has been acquired by a protected purchaser, the Registrar and the Trust to save the Indenture Trustee, the Registrar and the Trust harmless, then in either case the Trust Company shall execute and the Indenture Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, Note of the same maturity, like tenor and principal amount as such mutilated, destroyed, lost or stolen Note, and bearing a number not contemporaneously outstanding; provided, however, that if . In case any such mutilated, destroyed, lost or stolen Note shall have has become or shall be is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, the Trust may pay such Note without surrender of such Note, except that subject to the holders' conversion rights pursuant to Section 3 hereof. Every new Note issued pursuant to this Section in lieu of any mutilated mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be surrenderedat any time enforceable by anyone.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated or defaced Note is surrendered to the Indenture Trustee, or the Issuer and the Note Registrar and the Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen Note, the Indenture Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of the Note any Note, and (ii) there is delivered to the Indenture TrusteeIssuer, the Note Registrar and the Trust Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security or indemnity as may be required by them to save each of them harmless, then, in the Indenture Trusteeabsence of notice to the Issuer, the Note Registrar and or the Trust to save the Indenture TrusteeTrustee that such Note has been acquired by a Protected Purchaser, the Registrar Issuer shall execute, and upon an Issuer Order the Trust harmless, then in either case the Trust shall execute and the Indenture Trustee shall authenticate authenticate, and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new NoteNote of like tenor, of the same maturity, tenor interest rate and principal amount as such mutilated, destroyed, lost or stolen Noteamount, bearing a number not contemporaneously outstanding; providedthen outstanding and registered in the same manner. If, however, that if any after the delivery of such mutilated, destroyed, lost or stolen Note shall have become or shall be about to become due and payable, instead of issuing a new Note, a Protected Purchaser of the Trust may pay original Note in lieu of which such new Note without surrender of was issued presents for payment such original Note, except that any mutilated Note the Issuer and the Trustee shall be surrenderedentitled to recover such new Note from the Person to whom it was delivered or any Person taking therefrom, except a Protected 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.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly Trustee, or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen Note, the Indenture Trustee receives evidence to its satisfaction of the destruction, loss or theft of the Note any Note, and (ii) there is delivered to the Indenture Trustee, the Registrar and the Trust Trustee such security or indemnity as it and the Issuer may be required by require to hold the Issuer, the Servicer and the Indenture Trustee harmless (the unsecured indemnity, in form and substance satisfactory to the Indenture Trustee, of a Rated Institutional Noteholder with a net worth of at least $100,000,000 and such net worth being at least two and one-half times the Registrar and the Trust to save the Indenture Trusteeoutstanding amount of such destroyed, the Registrar and the Trust harmlesslost or stolen Note being deemed satisfactory for such purpose), then in either case the Trust Issuer shall execute and the Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, replacement Note of the same maturitySeries, tenor and principal amount with like maturity and other terms as such the mutilated, destroyed, lost or stolen Note, bearing a number not contemporaneously outstanding; provided, however, that if any such mutilateddestroyed, lost or stolen Note, but not a mutilated Note, shall have become, or within seven days shall be, due and payable, or shall have been called for redemption, the Issuer may pay such destroyed, lost or stolen Note shall have become when so due or shall be about to become due and payable, payable instead of issuing a new replacement Note, the Trust may pay such Note without surrender of such Note, except that any mutilated Note shall be surrendered.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen Note, the Indenture Trustee receives evidence to its satisfaction of the destruction, loss or theft of the such Note and there is delivered to the Indenture Trustee, the Registrar and the Trust Company such security or indemnity as may be required by the Indenture Trustee, the Registrar and or the Trust Company to save the Indenture Trustee, the Registrar and the Trust Company harmless, then in either case case, the Trust Company shall execute and the Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of such mutilated, destroyed, lost or stolen Note, a new Note, Note of the same series, maturity, tenor and principal amount as such mutilated, destroyed, lost or stolen Note, bearing a number not contemporaneously outstanding; provided, however, that if any such mutilated, destroyed, lost or stolen Note shall have become or shall be about to become due and payable, instead of issuing a new Note, the Trust Company may pay such Note without surrender of such Note, except that any mutilated Note shall be surrendered.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen NoteTrustee, the Indenture Company shall execute and the Trustee receives shall authenticate and deliver in exchange therefor a new Note of like principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to its satisfaction of the destruction, loss or theft of the any Note and there is delivered to the Indenture Trustee, the Registrar and the Trust (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the Indenture Trusteeabsence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Registrar and the Trust to save the Indenture Trustee, the Registrar and the Trust harmless, then in either case the Trust Company shall execute and upon its request the Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, Note of the same maturity, tenor and like principal amount as such mutilated, destroyed, lost or stolen Note, and bearing a number not contemporaneously outstanding; provided, however, that if . In case any such mutilated, destroyed, lost or stolen Note shall have has become or shall be is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, permit the Trust may pay such Note without surrender conversion of such Note, except that any mutilated or pay such Note shall be surrendered.(without

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen NoteTrustee, the Indenture Company shall execute and the Trustee receives shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to its their satisfaction of the destruction, loss or theft of the any Note and there is delivered to the Indenture Trustee, the Registrar and the Trust (ii) such security Note or indemnity as may be required by either of them to save each of them and any agent of any of them harmless, then, in the Indenture Trusteeabsence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Registrar and the Trust to save the Indenture Trustee, the Registrar and the Trust harmless, then in either case the Trust Company shall execute and upon its request the Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, Note of the same maturity, like tenor and principal amount as such mutilated, destroyed, lost or stolen Note, and bearing a number not contemporaneously outstanding; provided, however, that if . In case any such mutilated, destroyed, lost or stolen Note shall have has become or shall be is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, the Trust may pay such Note. Upon the issuance of any new Note without surrender under this Section, the Company may require the payment of such Note, except a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any mutilated Note shall be surrenderedother expenses (including the fees and expenses of the Trustee) connected therewith.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated or defaced Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen NoteTrustee, the Indenture Issuer or the Note Registrar, and the Issuer, the Note Registrar and Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of the Note any Note, and (ii) there is delivered to the Indenture TrusteeIssuer, the Note Registrar and the Trust Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security or indemnity as may be required by them to save each of them harmless, then, in the Indenture Trusteeabsence of notice to the Issuer, the Note Registrar and or the Trust to save the Indenture TrusteeTrustee that such Note has been acquired by a protected purchaser, the Registrar and the Trust harmless, then in either case the Trust Issuer shall execute and upon its receipt of an Issuer Order, the Indenture Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new NoteNote of like tenor, of the same maturity, tenor interest rate and principal amount as such mutilated, destroyed, lost or stolen Noteamount, bearing a number not contemporaneously outstanding; providedthen outstanding and registered in the same manner. If, however, that if any after the delivery of such mutilated, destroyed, lost or stolen Note shall have become or shall be about to become due and payable, instead of issuing a new Note, a protected purchaser of the Trust may pay original Note in lieu of which such new Note without surrender of was issued presents for payment such original Note, except that any mutilated the Issuer, the Trustee and the Note Registrar shall be surrenderedentitled to recover such new Note 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, the Trustee or the Note Registrar in connection therewith.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen NoteTrustee, the Indenture Company shall execute and the Trustee receives shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to its their satisfaction of the destruction, loss or theft of the any Note and there is delivered to the Indenture Trustee, the Registrar and the Trust (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the Indenture Trusteeabsence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Registrar Company shall execute, and the Trust to save the Indenture Trustee, the Registrar and the Trust harmless, then in either case the Trust shall execute and the Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, Note of the same maturity, like tenor and principal amount as such mutilated, destroyed, lost or stolen Note, and bearing a number not contemporaneously outstanding; provided, however, that if . In case any such mutilated, destroyed, lost or stolen Note shall have has become or shall be is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, the Trust may pay such Note. Upon the issuance of any new Note without surrender under this Section, the Company may require the payment of such Notea sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every Note issued pursuant to this Section in lieu of any destroyed, except that any mutilated lost or stolen Note shall be surrendered.constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen Note, Company and the Indenture Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of the Note any Note, and there is delivered to the Indenture Trustee, the Registrar Company and the Trust Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the Indenture Trusteeabsence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Registrar and the Trust to save the Indenture TrusteeCompany shall execute, the Registrar and the Trust harmless, then in either case the Trust any Guarantors shall execute the notations of Subsidiary Guarantees, and upon Company Order the Indenture Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, Note of the same maturity, like tenor and principal amount as such mutilatedamount, destroyed, lost or stolen Note, having the notations of Subsidiary Guarantees thereon bearing a number not contemporaneously outstanding; provided, however, that if . In case any such mutilated, destroyed, lost or stolen Note shall have has become or shall be is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, the Trust may pay such Note. Upon the issuance of any new Note without surrender under this Section, the Company may require the payment of such Note, except a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any mutilated Note shall be surrenderedother expenses (including the fees and expenses of the Trustee) connected therewith.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen NoteCompany, the Indenture Trustee receives Company shall execute and make available for delivery in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company (i) evidence to its reasonable satisfaction of the destruction, loss or theft of the any Note and there is delivered to the Indenture Trustee, the Registrar and the Trust (ii) such security or indemnity as may be required reasonably requested by the Indenture TrusteeCompany to save itself harmless (clauses (i) or (ii) referred to herein as “Lost Note Documentation”), then, in the absence of notice to the Company that such Note has been acquired by a protected purchaser, the Registrar and the Trust to save the Indenture Trustee, the Registrar and the Trust harmless, then in either case the Trust Company shall execute and the Indenture Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, Note of the same maturity, like tenor and principal amount as such mutilated, destroyed, lost or stolen Note, and bearing a number not contemporaneously outstanding; provided, however, that if . Every new Note issued pursuant to this Section 13 in lieu of any such mutilated, destroyed, lost or stolen Note shall have become constitute an original additional contractual obligation of the Company, whether or shall be about to become due and payablenot the destroyed, instead of issuing a new Note, the Trust may pay such Note without surrender of such Note, except that any mutilated lost or stolen Note shall be surrenderedat any time enforceable by anyone. The provisions of this Section 13 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen NoteTrustee, the Indenture Obligors shall execute and the Trustee receives shall authenticate and deliver in exchange therefor a new Note of the same Series and Class, of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Obligors and the Trustee, (i) evidence to its their satisfaction of the destruction, loss or theft of the any Note and there is delivered to the Indenture Trustee, the Registrar and the Trust (ii) such security or indemnity as may be required by them to hold each of them and any agent of any of them harmless, then, in the Indenture Trusteeabsence of written notice to the Obligors, the Registrar and Trustee or the Trust to save the Indenture TrusteeSupport Provider that such Note has been acquired by a bona fide purchaser, the Registrar and the Trust harmless, then in either case the Trust Obligors shall execute and upon its written request the Indenture Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, Note (of the same maturitySeries and Class), tenor and principal amount as in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding; provided, however, that if . In case any such mutilated, destroyed, lost or stolen Note shall have has become or shall be is about to become due and payable, the Obligors in their discretion may, instead of issuing a new Note, the Trust may pay such Note without surrender of such Note, except that any mutilated Note shall be surrendered.,

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen NoteCompany, the Indenture Trustee receives Company shall execute and make available for delivery in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company (i) evidence to its satisfaction of the destruction, loss or theft of the any Note and there is delivered to the Indenture Trustee, the Registrar and the Trust (ii) such security or indemnity as may be required by the Indenture TrusteeCompany to save itself harmless, then, in the absence of notice to the Company that such Note has been acquired by a protected purchaser, the Registrar and the Trust to save the Indenture Trustee, the Registrar and the Trust harmless, then in either case the Trust Company shall execute and the Indenture Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, Note of the same maturity, like tenor and principal amount as such mutilated, destroyed, lost or stolen Note, and bearing a number not contemporaneously outstanding; provided, however, that if . In case any such mutilated, destroyed, lost or stolen Note shall have has become or shall be is about to to-become due and payable, the Company in its discretion may, instead of issuing a new Note, the Trust may pay such Note without surrender of such Note, except that subject to the holders' conversion rights pursuant to Section 4 hereof. Every new Note issued pursuant to this Section in lieu of any mutilated mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be surrenderedat any time enforceable by anyone. 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen NoteBorrowers, the Indenture Trustee receives Borrowers shall execute therefor a new Note with the same principal amount, containing identical terms and provisions. If there shall be delivered to the Borrowers (a) evidence to its satisfaction of the destruction, loss or theft of the any Note and there is delivered to the Indenture Trustee, the Registrar and the Trust (b) such security or indemnity as may be required by them to hold the Indenture TrusteeBorrowers and any agent of the Borrowers harmless, then, in the absence of notice to the Borrowers that such Note has been acquired by a bona fide purchaser, the Registrar and the Trust to save the Indenture Trustee, the Registrar and the Trust harmless, then in either case the Trust Borrowers shall execute and the Indenture Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note or in exchange for such Note, a new Note with the same principal amount, containing identical terms and provisions. Upon the issuance of any new Note under this Section, the Borrowers may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith. Every new Note, issued pursuant to this Section in lieu of such mutilated, any destroyed, lost or stolen Note, a new Note, shall constitute an original contractual obligation of the same maturityBorrowers, tenor and principal amount as such mutilated, destroyed, lost whether or stolen Note, bearing a number not contemporaneously outstanding; provided, however, that if any such mutilated, the destroyed, lost or stolen Note shall have become or be at any time enforceable by anyone, and shall be about entitled to become due and payable, instead all the benefits of issuing a new Note, the Trust may pay such Note without surrender of such Note, except that any mutilated Note shall be surrenderedthis Agreement.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly Trustee, or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen Note, the Indenture Trustee receives evidence to its satisfaction of the destruction, loss or theft of the Note any Note, and (ii) there is delivered to the Indenture Trustee, the Registrar and the Trust Trustee such security or indemnity as it and the Issuer may be required by require to hold the Issuer and the Indenture Trustee, Trustee harmless (the Registrar and the Trust to save the Indenture Trustee, the Registrar and the Trust harmlessunsecured indemnity of a Rated Institutional Noteholder being deemed satisfactory for such purpose), then in either case the Trust Issuer shall execute and the Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, replacement Note of the same maturity, tenor Series and principal amount Class and maturity and of like terms as such the mutilated, destroyed, lost or stolen Note, bearing a number not contemporaneously outstanding; provided, however, that if any such mutilateddestroyed, lost or stolen Note, but not a mutilated Note, shall have become, or within thirty (30) days shall be or become due and payable, the Issuer may pay such destroyed, lost or stolen Note shall have become when so due or shall be about to become due and payable, payable instead of issuing a new replacement Note, the Trust may pay such Note without surrender of such Note, except that any mutilated Note shall be surrendered.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen NoteTrustee, the Indenture Company shall execute and the Trustee receives shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount, having endorsed thereon the Senior Subordinated Guarantees extended by the Guarantors and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to its their satisfaction of the destruction, loss or theft of the any Note and there is delivered to the Indenture Trustee, the Registrar and the Trust (ii) such security or indemnity as may be required by either of them to save each of them, each Guarantor, and any agent of either of them harmless, then, in the Indenture Trusteeabsence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Registrar and the Trust to save the Indenture Trustee, the Registrar and the Trust harmless, then in either case the Trust Company shall execute and upon its request the Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, Note of the same maturity, like tenor and principal amount as such mutilatedamount, destroyed, lost or stolen Note, having endorsed thereon the Senior Subordinated Guarantees extended by the Guarantors and bearing a number not contemporaneously outstanding; provided, however, that if any such mutilated, destroyed, lost or stolen Note shall have become or shall be about to become due and payable, instead of issuing a new Note, the Trust may pay such Note without surrender of such Note, except that any mutilated Note shall be surrendered.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly Trustee, or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen Note, the Indenture Trustee receives evidence to its satisfaction of the destruction, loss or theft of the Note any Note, and (ii) there is delivered to the Indenture Trustee, the Registrar and the Trust Trustee such security or indemnity as it and the Issuer may be required by require to hold the Issuer, the Servicer and the Indenture Trustee, Trustee harmless (the Registrar and the Trust to save unsecured indemnity of a Rated Institutional Noteholder being deemed satisfactory for such purpose unless the Indenture Trustee, Trustee provides written notice to the Registrar and the Trust harmlesscontrary), then in either case the Trust Issuer shall execute and the Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, replacement Note of the same maturity, tenor Series and principal amount Class and maturity and of like terms as such the mutilated, destroyed, lost or stolen Note; PROVIDED, bearing a number not contemporaneously outstanding; provided, howeverHOWEVER, that if any such mutilateddestroyed, lost or stolen Note, but not a mutilated Note, shall have become, or within seven days shall be, due and payable, or shall have been called for redemption, the Issuer may pay such destroyed, lost or stolen Note shall have become when so due or shall be about to become due and payable, payable instead of issuing a new replacement Note, the Trust may pay such Note without surrender of such Note, except that any mutilated Note shall be surrendered.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated or defaced Note is surrendered to the Indenture Trustee, or the Issuer and the Note Registrar and the Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen Note, the Indenture Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of the Note any Note, and (ii) there is delivered to the Indenture TrusteeIssuer, the Note Registrar and the Trust Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security or indemnity as may be required by them to save each of them harmless, then, in the Indenture Trusteeabsence of notice to the Issuer, the Note Registrar and or the Trust to save the Indenture TrusteeTrustee that such Note has been acquired by a Protected Purchaser, the Registrar and the Trust harmless, then in either case the Trust Issuer shall execute and upon the Indenture 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 Note, a new NoteNote of like tenor, of the same maturity, tenor interest rate and principal amount as such mutilated, destroyed, lost or stolen Noteamount, bearing a number not contemporaneously outstanding; providedthen outstanding and registered in the same manner. If, however, that if any after the delivery of such mutilated, destroyed, lost or stolen Note shall have become or shall be about to become due and payable, instead of issuing a new Note, a Protected Purchaser of the Trust may pay original Note in lieu of which such new Note without surrender of was issued presents for payment such original Note, except that any mutilated Note the Issuer and the Trustee shall be surrenderedentitled to recover such new Note from the Person to whom it was delivered or any Person taking therefrom, except a Protected 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.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated or defaced Note is surrendered to the Indenture Trustee, or Unibanco and the Note Registrar and the Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen Note, the Indenture Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of the Note any Note, and (ii) there is delivered to the Indenture TrusteeUnibanco, the Note Registrar and the Trust Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security or indemnity as may be required by them to save each of them harmless, then, in the Indenture Trusteeabsence of notice to Unibanco, the Note Registrar and or the Trust to save the Indenture TrusteeTrustee that such Note has been acquired by a bona fide purchaser, the Registrar and the Trust harmless, then in either case the Trust Unibanco shall execute and upon Unibanco’s request the Indenture Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new NoteNote of like tenor, of the same maturity, tenor interest rate and principal amount as such mutilated, destroyed, lost or stolen Noteamount, bearing a number not contemporaneously outstanding; providedthen outstanding and registered in the same manner. If, however, that if any after the delivery of such mutilated, destroyed, lost or stolen Note shall have become or shall be about to become due and payable, instead of issuing a new Note, a bona fide purchaser of the Trust may pay original Note in lieu of which such new Note without surrender of was issued presents for payment such original Note, except that any mutilated Note Unibanco and the Trustee shall be surrenderedentitled to recover such new Note 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 Unibanco or the Trustee in connection therewith.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured Coupons (if any) appertaining thereto) is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen NoteTrustee, the Indenture Obligors' Agent shall execute and the Trustee receives shall authenticate and deliver in exchange therefor a new Note of the same Series and Tranche, of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Obligors' Agent and the Trustee and the related Series Support Provider, if any (unless an Support Default shall have occurred and be continuing) (i) evidence to its their satisfaction of the destruction, loss or theft of the any Note and there is delivered to the Indenture Trustee, the Registrar and the Trust (ii) such security or indemnity as may be required by them to hold each of them and any agent of any of them harmless, then, in the Indenture Trusteeabsence of notice to the Obligors' Agent, the Registrar and Trustee or the Trust to save the Indenture Trusteerelated Series Support Provider that such Note has been acquired by a bona fide purchaser, the Registrar and the Trust harmless, then in either case the Trust Obligors' Agent shall execute and upon its request the Indenture Trustee shall authenticate and delivermake available for delivery (in the case of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, Note (of the same maturitySeries and Class) , tenor and principal amount as in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding; provided, however, that if any such mutilated, destroyed, lost or stolen Note shall have become or shall be about to become due and payable, instead of issuing a new Note, the Trust may pay such Note without surrender of such Note, except that any mutilated Note shall be surrendered.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If ------------------------------------------- (i) any mutilated Note is surrendered to the Indenture Trustee directly Trustee, or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen Note, the Indenture Trustee receives evidence to its satisfaction of the destruction, loss or theft of the Note any Note, and (ii) there is delivered to the Indenture Trustee, the Registrar and the Trust Trustee such security or indemnity as it and the Issuer may be required by require to hold the Indenture TrusteeIssuer, the Registrar Bank and the Trust Trustee harmless (it being understood that the unsecured indemnity of a Rated Institutional Noteholder shall be satisfactory for such purpose), then, in the absence of notice to save the Indenture TrusteeIssuer or the Trustee that such Note has been acquired by a bona fide purchaser or a protected purchaser (within the meaning of Section 8-303 of the UCC), the Registrar and the Trust harmless, then in either case the Trust Issuer shall execute and the Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, replacement Note of the same maturity, tenor maturity and principal amount of like terms as such the mutilated, destroyed, lost or stolen Note, bearing a number not contemporaneously outstanding; provided, however, that if any such mutilateddestroyed, lost or stolen Note, but not a mutilated Note, shall have become, or within seven days shall be, due and payable, or shall have been called for redemption, the Issuer may pay such destroyed, lost or stolen Note shall have become when so due or shall be about to become due and payable, payable instead of issuing a new replacement Note, the Trust may pay such Note without surrender of such Note, except that any mutilated Note shall be surrendered.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (ii) in the case of an alleged destroyed, lost or stolen NoteCompany, the Indenture Trustee receives Company shall execute and make available for delivery in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company (i) evidence to its reasonable satisfaction of the destruction, loss or theft of the any Note and there is delivered to the Indenture Trustee, the Registrar and the Trust (ii) such security or indemnity as may be required reasonably requested by the Indenture TrusteeCompany to save itself harmless (clauses (i) or (ii) referred to herein as “Lost Note Documentation”), then, in the absence of notice to the Company that such Note has been acquired by a protected purchaser, the Registrar and the Trust to save the Indenture Trustee, the Registrar and the Trust harmless, then in either case the Trust Company shall execute and the Indenture Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, Note of the same maturity, like tenor and principal amount as such mutilated, destroyed, lost or stolen Note, and bearing a number not contemporaneously outstanding; provided, however, that if . Every new Note issued pursuant to this Section 14 in lieu of any such mutilated, destroyed, lost or stolen Note shall have become constitute an original additional contractual obligation of the Company, whether or shall be about to become due and payablenot the destroyed, instead of issuing a new Note, the Trust may pay such Note without surrender of such Note, except that any mutilated lost or stolen Note shall be surrenderedat any time enforceable by anyone. The provisions of this Section 14 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i1) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent Trustee, or (ii2) in the case of an alleged destroyed, lost or stolen Note, Issuer and the Indenture Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of the Note any Note, and there is delivered to the Indenture Trustee, the Registrar Issuer and the Trust Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the Indenture Trusteeabsence of notice to the Issuer or the Trustee that such Note has been acquired by a Protected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Registrar and the Trust to save the Indenture Trustee, the Registrar and the Trust harmless, then in either case the Trust Issuer shall execute and upon Company Order the Indenture Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note, Note of the same maturity, like tenor and principal amount as such mutilated, destroyed, lost or stolen Noteamount, bearing a number not contemporaneously outstanding; provided, however, that if . In case any such mutilated, destroyed, lost or stolen Note shall have has become or shall be is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, the Trust may pay such Note. Every new Note without surrender issued pursuant to this Section 3.05 in lieu of such Noteany mutilated, except that any mutilated destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer and each Guarantor, whether or not the mutilated, destroyed, lost or stolen Note shall be surrendered.at any time

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (iI) any mutilated Note is surrendered to the Indenture Trustee directly or through any Paying Agent or (iiII) in the case of an alleged destroyed, lost or stolen Note, the Indenture Trustee receives evidence to its satisfaction of the destruction, loss or theft of the Note and there is delivered to the Indenture Trustee, the Registrar and the Trust Company such security or indemnity as may be required by the Indenture Trustee, the Registrar and the Trust Company to save the Indenture Trustee, the Registrar and the Trust Company harmless, then in either case the Trust Company shall execute and the Indenture Trustee Registrar shall authenticate and deliver, in exchange for or in lieu of such mutilated, destroyed, lost or stolen Note, a new Note, Note of the same series, maturity, tenor and principal amount as such mutilated, destroyed, lost or stolen Note, bearing a number not contemporaneously outstanding; provided, however, that if any such mutilated, destroyed, lost or stolen Note shall have become or shall be about to become due and payable, instead of issuing a new Note, the Trust Company may pay such Note without surrender of such Note, except that any mutilated Note shall be surrendered.