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

Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Indenture Trustee, the Issuer shall execute and the Indenture Trustee shall authenticate and deliver in exchange therefor a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. (b) If there shall be delivered to the Issuer and the Indenture Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (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 absence of actual notice to the Issuer or the Indenture Trustee that such Note has been acquired by a bona fide purchaser, the Issuer shall execute and upon its request the Indenture Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. (c) In case the final installment of principal on any such mutilated, destroyed, lost or stolen Note has become or will at the next Payment Date become due and payable, the Issuer, in its discretion, may, instead of issuing a replacement Note, pay such Note.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Indenture Trustee, the Issuer Company shall execute and the Indenture Trustee shall authenticate and deliver in exchange therefor a replacement new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. (b) . If there shall be delivered to the Issuer Company and the Indenture Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security Note or indemnity as may be required by either of them to save each of them and any agent of either any of them harmless harmless, then, in the absence of actual notice to the Issuer Company or the Indenture Trustee that such Note has been acquired by a bona fide purchaser, the Issuer Company shall execute and upon its request the Indenture Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a replacement new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. (c) . In case the final installment of principal on any such mutilated, destroyed, lost or stolen Note has become or will at the next Payment Date is about to become due and payable, the Issuer, Company in its discretion, discretion may, instead of issuing a replacement new Note, pay such Note. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Indenture Trustee, the Issuer shall execute and the Indenture Trustee shall authenticate and deliver in exchange therefor therefore a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. (b) If there shall be delivered to the Issuer and the Indenture Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless harmless, then, in the absence of actual notice to the Issuer or the Indenture Trustee that such Note has been acquired by a bona fide purchaser, the Issuer shall execute and upon its request the Indenture Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. (c) In case the final installment of principal on any such mutilated, destroyed, lost or stolen Note has become or will at the next Payment Date become due and payable, the Issuer, Issuer in its discretion, discretion may, instead of issuing a replacement Note, pay such Note. (d) Upon the issuance of any replacement Note under this Section, the Issuer or the Trustee may require the payment by the Noteholder of a sum sufficient to

Mutilated, Destroyed, Lost and Stolen Notes. If (a1) If any mutilated Note is surrendered to the Indenture Trustee, the Issuer shall execute and the Indenture Trustee shall authenticate and deliver in exchange therefor a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. or (b2) If there shall be delivered to the Issuer and the Indenture Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Issuer and the Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless harmless, then, in the absence of actual notice to the Issuer or the Indenture Trustee that such Note has been acquired by a bona fide purchaserProtected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Issuer shall execute and upon its request Company Order the Indenture Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a replacement new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. (c) . In case the final installment of principal on any such mutilated, destroyed, lost or stolen Note has become or will at the next Payment Date is about to become due and payable, the Issuer, Issuer in its discretion, discretion may, instead of issuing a replacement new Note, pay such Note.. Every new Note issued pursuant to this Section 3.05 in lieu of 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 at any time

Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Indenture TrusteeCompany, the Issuer Company shall execute and the Indenture Trustee shall authenticate and deliver make available for delivery in exchange therefor a replacement new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. (b) . If there shall be delivered to the Issuer and the Indenture Trustee Company (i) evidence to their its reasonable satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required reasonably requested by them the Company to save each of them and any agent of either of them itself harmless (clauses (i) or (ii) referred to herein as “Lost Note Documentation”), then, in the absence of actual notice to the Issuer or the Indenture Trustee Company that such Note has been acquired by a bona fide protected purchaser, the Issuer Company shall execute and upon its request the Indenture Trustee shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Note, a replacement new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. (c) In case the final installment . Every new Note issued pursuant to this Section 13 in lieu of principal on any such mutilated, destroyed, lost or stolen Note has become shall constitute an original additional contractual obligation of the Company, whether or will not the destroyed, lost or stolen Note shall be at any time enforceable by anyone. The provisions of this Section 13 are exclusive and shall preclude (to the next Payment Date become due extent lawful) all other rights and payableremedies with respect to the replacement or payment of mutilated, the Issuerdestroyed, in its discretion, may, instead of issuing a replacement Note, pay such Notelost or stolen Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Indenture TrusteeCompany, the Issuer Company shall execute and the Indenture Trustee shall authenticate and deliver make available for delivery in exchange therefor a replacement new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. (b) . If there shall be delivered to the Issuer and the Indenture Trustee Company (i) evidence to their its reasonable satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required reasonably requested by them the Company to save each of them and any agent of either of them itself harmless (clauses (i) or (ii) referred to herein as “Lost Note Documentation”), then, in the absence of actual notice to the Issuer or the Indenture Trustee Company that such Note has been acquired by a bona fide protected purchaser, the Issuer Company shall execute and upon its request the Indenture Trustee shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Note, a replacement new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. (c) In case the final installment . Every new Note issued pursuant to this Section 14 in lieu of principal on any such mutilated, destroyed, lost or stolen Note has become shall constitute an original additional contractual obligation of the Company, whether or will not the destroyed, lost or stolen Note shall be at any time enforceable by anyone. The provisions of this Section 14 are exclusive and shall preclude (to the next Payment Date become due extent lawful) all other rights and payableremedies with respect to the replacement or payment of mutilated, the Issuerdestroyed, in its discretion, may, instead of issuing a replacement Note, pay such Notelost or stolen Notes.