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

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expense, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security 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. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 10 contracts

Samples: Indenture (KKR Financial Holdings LLC), Annaly Capital Management Inc, Indenture (KKR Financial Holdings IV, LLC)

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Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon Guarantee appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company and the applicable Guarantor shall execute and the Trustee shall authenticate authenticate, as applicable, and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto Guarantees corresponding to the Coupons, if any, Guarantees appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or CouponGuarantee, and (ii) such security or indemnity as may be required by them to save each of them and any agent of either any of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon Guarantee has been acquired by a bona fide purchaser, the Company and the applicable Guarantor shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolenGuarantee appertains, a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons Guarantees corresponding to the Coupons, if any, Guarantees appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertainsSecurity. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining theretoSecurity. Upon the issuance of any new Security 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. Every new Security, Security of any series with any Coupons appertaining thereto its Guarantee issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains Guarantee appertains, shall constitute a separate an original additional contractual obligation of the CompanyCompany and the applicable Guarantor, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its Guarantee or the destroyed, lost or stolen Coupon Guarantee shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Coupons, if any, their Guarantees duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or CouponsGuarantees.

Appears in 8 contracts

Samples: Indenture (Prologis Yen Finance LLC), Indenture (Prologis, L.P.), Indenture (Prologis Yen Finance LLC)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 3063.6, the Company Issuers shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company Issuers and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Issuers or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company Issuers shall execute and, upon the Company’s Issuers’ request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 3063.6, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company Issuers in its their discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.2, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security under this SectionSection 3.6, the Company Issuers 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. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section 3.6 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the CompanyIssuers, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this SectionSection 3.6, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 8 contracts

Samples: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide protected purchaser, the Company shall shall, subject to the following paragraph, execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon, as the case may be; provided, however, that payment of principal ofof (and premium, any premium or interest if any) and interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 7 contracts

Samples: Indenture (Medallion Financial Corp), PennantPark Floating Rate Capital Ltd., Indenture (Medley LLC)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 3063.6, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s 's request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 3063.6, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.2, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security under this SectionSection 3.6, 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. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section 3.6 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this SectionSection 3.6, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 7 contracts

Samples: Trust Indenture (Safeco Corp), Trust Indenture (Safeco Corp), Trust Indenture (Safeco Corp)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; providedPROVIDED, howeverHOWEVER, that payment of principal ofof (and premium, any premium or interest if any) and interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 7 contracts

Samples: Indenture (Deere & Co), Indenture (Deere & Co), Indenture (Deere & Co)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security, or, in case any such mutilated Security or coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to the surrendered Security, pay such Security or coupon. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s request Company Order the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to for which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, any premium or interest if any) and interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Security, Security or in exchange for a Security to which a mutilated, destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the mutilated, destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 6 contracts

Samples: Indenture (Schering Plough Corp), Indenture (Boston Scientific Corp), Indenture (Borg Warner Automotive Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the either Trustee, subject to the provisions of this Section 306, the Company shall execute and the either Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security, or, in case any such mutilated Security or coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to the surrendered Security, pay such Security or coupon. If there shall be delivered to the Company and to the either Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon and (ii) such security (or surety in the case of the Canadian Trustee) or indemnity as may be required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee Trustees that such Security or Coupon coupon has been acquired by a bona fide purchaserprotected purchaser (as defined in Article 8 of the UCC), the Company shall execute and, and upon the Company’s request the Company order either Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to for which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Securitysecurity, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, any premium or interest if any) and interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.02, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 3.01, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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 TrusteeTrustees) connected therewith. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Security, Security or in exchange for a Security to which a mutilated, destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the mutilated, destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and the Holders of such Security shall be entitled to all the benefits of this Indenture equally and proportionately with the Holders of any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, Section as amended or supplemented pursuant to this Indenture with respect to particular Securities securities or generally, shall (to the extent lawful) be generally 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 Securities or Couponscoupons.

Appears in 6 contracts

Samples: Indenture (Village Farms International, Inc.), Profound Medical Corp., Very Good Food Co Inc.

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of actual notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium or Make-Whole Amount, if any), any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 6 contracts

Samples: Capital Lease (Capital Lease Funding Inc), Indenture (JDN Realty Corp), Indenture (Capstone Turbine Corp)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstandingOutstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s request Company Order the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstandingOutstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, any premium or interest if any) and interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series, with any Coupons appertaining thereto its coupons, if any, issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Security, or in exchange for a Security to which a mutilated, destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the mutilated, destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 6 contracts

Samples: Indenture (Coca-Cola European Partners Us, LLC), Indenture (Medicinova Inc), Indenture (pdvWireless, Inc.)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, if any), any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 6 contracts

Samples: Indenture (Pep Boys Manny Moe & Jack), New Plan Realty Trust, New Plan Realty Trust

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s 's request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security 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. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 6 contracts

Samples: Indenture (CSX Transportation Inc), CSX Transportation Inc, Quality Food Centers Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in appropriate cases, such security or indemnity as may be required by the Company or the Trustee to the provisions hold each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, and (ii) such security or indemnity as may be required by them to save hold each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s 's request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the immediately preceding two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium or Make-Whole Amount, if any), any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 5 contracts

Samples: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty L P), Carramerica Realty L P

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new replacement Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstandingevidencing the same indebtedness, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security; provided, however, that any Bearer Security or any coupon shall be delivered only outside the United States and Canada; and provided, further, that all Bearer Securities shall be delivered and received in person. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s request Company Order the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to for which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new replacement Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstandingevidencing the same indebtedness and, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains; provided, however, that any Bearer Security or any coupon shall be delivered only outside the United States and Canada; and provided, further, that all Bearer Securities shall be delivered and received in person. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new replacement Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, any premium or interest if any) and interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002902, be payable only at an Office office or Agency for such Securities agency located outside the United States and Canada and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new replacement Security 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. Every new Securityreplacement Security of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Security, Security or in exchange for a Security to which a mutilated, destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the mutilated, destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to Section 301 of this Indenture with respect to particular Securities securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 5 contracts

Samples: Indenture (Field Trip Health Ltd.), Indenture (Denison Mines Corp.), Indenture (Denison Mines Corp.)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of written notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, if any), any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 5 contracts

Samples: Hospitality Properties Trust, Hospitality Properties Trust, Hospitality Properties Trust

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security, or, in case any such mutilated Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with Coupons corresponding to the Coupons, if any, appertaining to the surrendered Security, pay such Security or Coupon. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, Coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s request Company Order the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to for which a destroyed, lost or stolen Coupon appertains (with all appurtenant Coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, or, in case any mutilated, such destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its Coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, Security or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its Coupons, if any, or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any their Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 5 contracts

Samples: Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc), Newell Rubbermaid Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security, or, in case any such mutilated Security or coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to the surrendered Security, pay such Security or coupon. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s request Company Order the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to for which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306, or, in case any mutilated, such destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining theretocoupon. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, Security or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 5 contracts

Samples: Indenture (Cendant Corp), Indenture (Cendant Corp), Cendant Corp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in appropriate cases, such security or indemnity as may be required by the Company or the Trustee to the provisions hold each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, and (ii) such security or indemnity as may be required by them to save hold each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the immediately preceding two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium or Make-Whole Amount, if any), any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 5 contracts

Samples: Indenture (Capitalsource Inc), Indenture (Capitalsource Holdings LLC), Indenture (Capitalsource Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 3063.6, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s 's request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 3063.6, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.2, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security under this SectionSection 3.6, 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. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section 3.6 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this SectionSection 3.6, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 5 contracts

Samples: Ace Ina Holdings Inc, Ace Ina Holdings Inc, Homeside Lending Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 3063.6, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company Company, the Guarantor and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Company, the Guarantor or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 3063.6, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.2, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security under this SectionSection 3.6, 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. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section 3.6 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the CompanyCompany and the Guarantor, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this SectionSection 3.6, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 5 contracts

Samples: Assured Guaranty (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty LTD)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; providedPROVIDED, howeverHOWEVER, that payment of principal of, any of (and premium or Make- Whole Amount, if any), and any interest on or any Additional Amounts with respect to any on, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 5 contracts

Samples: Trinet Corporate Realty Trust Inc, Bay Apartment Communities Inc, Bay Apartment Communities Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium or Make-Whole Amount, if any), any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 5 contracts

Samples: Senior Indenture (Liberty Property Limited Partnership), Indenture (Wellsford Residential Property Trust), Liberty Property Limited Partnership

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 3063.6, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide protected purchaser, the Company shall execute and, upon the Company’s 's request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 3063.6, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.2, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this IndentureIndenture or the related Series Authorization, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security under this SectionSection 3.6, 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 and the fees and expenses of the Trustee's counsel) connected therewith. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section 3.6 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this SectionSection 3.6, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 5 contracts

Samples: Indenture (Partnerre LTD), Indenture (Renaissancere Holdings LTD), Indenture (Partnerre LTD)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 3063.6, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s 's request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 3063.6, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, and any premium or interest interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.2, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining theretoStates. Upon the issuance of any new Security under this SectionSection 3.6, the Company may require the payment of a sum sufficient to cover any stamp tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section 3.6 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this SectionSection 3.6, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 5 contracts

Samples: Indenture (Cit Group Inc), Indenture (Cit Group Inc), Indenture (Cit Group Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 3063.06, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide protected purchaser, the Company shall execute and, upon the Company’s request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 3063.06, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.02, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this IndentureIndenture or the related Series Authorization, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security under this SectionSection 3.06, 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 and the fees and expenses of the Trustee’s counsel) connected therewith. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section 3.06 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this SectionSection 3.06, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 5 contracts

Samples: Partnerre LTD, Indenture (PartnerRe Finance B LLC), Indenture (Partnerre LTD)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon or Guarantee appertaining to it is surrendered to the TrusteeTrustee or the Issuer, subject together with, in proper cases, such security or indemnity as may be required by the Issuer or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons or Guarantees corresponding to the Couponscoupons or Guarantees, if any, appertaining to the surrendered SecuritySecurity or to the Security to which such destroyed, lost or stolen coupon or Guarantee appertains. If there shall be delivered to the Company Issuer and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security Security, coupon or Couponrelated Guarantee, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Issuer or the Trustee that such Security Security, coupon or Coupon related Guarantee has been acquired by a bona fide purchaser, the Company Issuer shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon or Guarantee appertains (with all appurtenant Coupons coupons or Guarantees not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons or Guarantees corresponding to the Couponscoupons or Guarantees, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon or Guarantee appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security Security, coupon or Coupon Guarantee has become or is about to become due and payable, the Company Issuer in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon or Guarantee appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, if any), any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 10021102, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons or Guarantees appertaining thereto. Upon the issuance of any new Security under this Section, the Company Issuer 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. Every new SecuritySecurity of any series with its coupons or Guarantees, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon or Guarantee appertains, shall constitute a separate an original additional contractual obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons and related Guarantees, if any, or the destroyed, lost or stolen Coupon coupon or Guarantee shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons and Guarantees, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities Securities, coupons or CouponsGuarantees.

Appears in 5 contracts

Samples: Fourth Supplemental Indenture (Kimco Realty OP, LLC), Eighth Supplemental Indenture (Kimco Realty OP, LLC), Fourth Supplemental Indenture (Kimco Realty Corp)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Partnership, subject together with, in proper cases, such security or indemnity as may be required by the Partnership or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company Partnership shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company Partnership, the Guarantor (if the Securities are Guaranteed Securities) and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Partnership, the Guarantor (if the Securities are Guaranteed Securities) or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company Partnership shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company Partnership in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal of, any of (and premium or Make- Whole Amount, if any), and any interest on or any Additional Amounts with respect to any on, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this Section, the Company Partnership 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the CompanyPartnership and the Guarantor (if such Security is a Guaranteed Security), whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 4 contracts

Samples: Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company Issuer, the Guarantor (if the Security is a Guaranteed Security) and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Issuer, the Guarantor (if the Security is a Guaranteed Security) or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company Issuer shall execute and, upon the Company’s Issuer's request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company Issuer in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security under this Section, the Company Issuer 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. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the CompanyIssuer and the Guarantor (if the Security is a Guaranteed Security), whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Reckson Associates Realty Corp), Reckson Operating Partnership Lp, Reckson Associates Realty Corp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the either Trustee, subject to the provisions of this Section 306, the Company shall execute and the either Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security, or, in case any such mutilated Security or coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to the surrendered Security, pay such Security or coupon. If there shall be delivered to the Company and to the either Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon and (ii) such security (or surety in the case of the Canadian Trustee) or indemnity as may be required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee Trustees that such Security or Coupon coupon has been acquired by a bona fide purchaserprotected purchaser (as defined in Article 8 of the UCC), the Company shall execute and, and upon the Company’s request the Company Order either Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to for which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous paragraph, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, any premium or interest if any) and interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100211.02, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 3.01, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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 TrusteeTrustees) connected therewith. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Security, Security or in exchange for a Security to which a mutilated, destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the mutilated, destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and the Holders of such Security shall be entitled to all the benefits of this Indenture equally and proportionately with the Holders of any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, Section as amended or supplemented pursuant to this Indenture with respect to particular Securities securities or generally, shall (to the extent lawful) be generally 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 Securities or Couponscoupons.

Appears in 4 contracts

Samples: Form of Indenture (Taseko Mines LTD), Indenture (Uranerz Energy Corp.), Taseko Mines LTD

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of actual notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its written request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium or Make-Whole Amount, if any), any premium or interest on or and any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (Delphi Financial Group Inc/De), Unumprovident Financing Trust Iii

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon and (iib) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, if any), any premium or interest on or and any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.02, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 3.01, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this SectionSection 3.06, 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section 3.06 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be Section 3.06 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 Securities or Couponscoupons.

Appears in 4 contracts

Samples: Indenture (Summit Securities Inc /Id/), Indenture (Franchise Finance Corp of America), Indenture (Metropolitan Mortgage & Securities Co Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon and (ii2) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; providedPROVIDED, howeverHOWEVER, that payment of principal ofof (and premium, if any), any premium or interest on or and any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this SectionSection 306, 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section 306 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be Section 306 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 Securities or Couponscoupons.

Appears in 4 contracts

Samples: Indenture (Realty Income Corp), Indenture (Pan Pacific Retail Properties Inc), Indenture (Pan Pacific Retail Properties Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in appropriate cases, such security or indemnity as may be required by the Company or the Trustee to the provisions hold each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, and (ii) such security or indemnity as may be required by them to save hold each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, CarrAmerica, as the Company general partner of the Company, shall execute and, and upon the Company’s request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the immediately preceding two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium or Make-Whole Amount, if any), any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 4 contracts

Samples: Carramerica Realty Corp, Carramerica Realty Corp, Carramerica Realty Corp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; providedPROVIDED, howeverHOWEVER, that payment of principal ofof (and premium or Make-Whole Amount, if any), any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 4 contracts

Samples: Centerpoint Properties Trust, Centerpoint Properties Corp, Centerpoint Properties Trust

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the either Trustee, subject to the provisions of this Section 306, the Company shall execute and the either Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security, or, in case any such mutilated Security or coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to the surrendered Security, pay such Security or coupon. If there shall be delivered to the Company and to the either Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon and (ii) such security (or surety in the case of the Canadian Trustee) or indemnity as may be required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee Trustees that such Security or Coupon coupon has been acquired by a bona fide purchaserprotected purchaser (as defined in Article 8 of the UCC), the Company shall execute and, and upon the Company’s request the Company Order either Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to for which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, any premium or interest if any) and interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100211.02, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 3.01, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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 TrusteeTrustees) connected therewith. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Security, Security or in exchange for a Security to which a mutilated, destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the mutilated, destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and the Holders of such Security shall be entitled to all the benefits of this Indenture equally and proportionately with the Holders of any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, Section as amended or supplemented pursuant to this Indenture with respect to particular Securities securities or generally, shall (to the extent lawful) be generally 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 Securities or Couponscoupons.

Appears in 4 contracts

Samples: Indenture (Energy Fuels Inc), Energy Fuels Inc, Form of Indenture (Baja Mining Corp.)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; providedPROVIDED, howeverHOWEVER, that payment of principal of, any of (and premium or Make-Whole Amount, if any), and any interest on or any Additional Amounts with respect to any on, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 4 contracts

Samples: Indenture (Wyman Gordon Co), Western Investment Real Estate Trust, Wyman Gordon Co

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 3063.6, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company Company, the Guarantor and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Company, the Guarantor or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s 's request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 3063.6, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.2, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security under this SectionSection 3.6, 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. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section 3.6 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the CompanyCompany and the Guarantor, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this SectionSection 3.6, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 4 contracts

Samples: Ace Ina Holdings Inc, Ace LTD, Ace LTD

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee together with, subject in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them and any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security, or, in case any such mutilated Security or coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to the surrendered Security, pay such Security or coupon. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s request Company Order the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to for which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; providedPROVIDED, howeverHOWEVER, that payment of principal ofof (and premium, any premium or interest if any) and interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this Section, the Company may require the payment of a sum sufficient to cover any tax pay all documentary, stamp or similar issue or transfer taxes or other governmental charge charges that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Security, Security or in exchange for a Security to which a mutilated, destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the mutilated, destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be Section 307 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 Securities or Couponscoupons.

Appears in 3 contracts

Samples: Cablevision Systems Corp, CSC Parent Corp, Cablevision Systems Corp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; providedPROVIDED, howeverHOWEVER, that payment of principal ofof (and premium, if any), any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 3 contracts

Samples: Indenture (Developers Diversified Realty Corp), Indenture (Developers Diversified Realty Corp), Developers Diversified Realty Corp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms series, Stated Maturity and original issue date, and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s request its Request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms series, Stated Maturity and original issue date, and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in In case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, if any) and any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States andStates; and provided, unless otherwise provided in or pursuant to this Indenturefurther, any interest on Bearer Securities and any Additional Amounts that, with respect to any such coupons, interest represented thereby (but not any additional amounts payable as provided in Section 1004), shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series, with any Coupons appertaining thereto its coupons, if any, issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the mutilated, destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and any such new Security and coupons, if any, shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 3 contracts

Samples: Indenture (New Nisource Inc), Nipsco Industries Inc, Ucu Capital Trust I

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstandingOutstanding, and having, if applicable, endorsed thereon Guarantees duly executed by the Guarantor, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security, or, in case any such mutilated Security or coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to the surrendered Security, pay such Security or coupon. If there shall be delivered to the Company Company, the Guarantor (if related Guarantees are issued) and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Company, the Guarantor or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s request Company Order the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstandingOutstanding, and having, if applicable, endorsed thereon Guarantees duly executed by the Guarantor, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, any premium or interest if any) and interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series, with any Coupons appertaining thereto Guarantees endorsed thereon duly executed by the Guarantor and with its coupons, if any, issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Security, or in exchange for a Security to which a mutilated, destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the CompanyCompany and if applicable, the Guarantor, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the mutilated, destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series that series, any Guarantees endorsed thereon and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 3 contracts

Samples: Indenture (American Axle & Manufacturing Holdings Inc), American Axle & Manufacturing Inc, American Axle & Manufacturing Holdings Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, if any), any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 100210.2, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 3.1, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 3 contracts

Samples: Sirius Satellite Radio Inc, Indenture (Sirius Satellite Radio Inc), Cd Radio Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount amount, having endorsed thereon the Guarantee of the Guarantor, and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security; provided, however, that any -------- ------- Bearer Security or any Coupon shall be delivered only outside the United States and, if the Securities of such series are listed on the London Stock Exchange or the Luxembourg Stock Exchange or any other stock exchange located outside the United States and such stock exchange shall so require, such delivery shall occur at the Office or Agency located in London, Luxembourg or any other required city located outside the United States, as the case may be, so long as Securities of such series are listed on such exchange; and provided, further, that all Bearer -------- ------- Securities shall be delivered and received in person. If there be delivered to the Company Company, the Guarantor and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Company, the Guarantor or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s 's request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount amount, having endorsed thereon the Guarantee of the Guarantor, and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains; provided, however, that any Bearer Security or any Coupon shall be delivered -------- ------- only outside the United States and, if the Securities of such series are listed on the London Stock Exchange or the Luxembourg Stock Exchange or any other stock exchange located outside the United States and such stock exchange shall so require, such delivery shall occur at the Office or Agency located in London, Luxembourg or any other required city located outside the United States, as the case may be, so long as Securities of such series are listed on such exchange; and provided, further, that all Bearer Securities shall be delivered and -------- ------- received in person. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to will become due and payablepayable within seven (7) days, the Company in its discretion discretion, but subject to any conversion rights, may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any -------- ------- premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an the applicable Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security under this Section, the Company may require the payment of a sum sufficient to cover any stamp or similar tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security, Security with any Coupons appertaining thereto thereto, and the Guarantee of the Guarantor endorsed thereon, issued pursuant to this Section 306 in lieu of any mutilated, destroyed, lost or stolen Security, or in exchange for a Security to which a mutilated, destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the CompanyCompany and the Guarantor, respectively, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto or the mutilated, destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if anyand related Guarantees, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 3 contracts

Samples: Thermo Electron Corp, Thermo Electron Corp, Thermo Electron Corp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security with Coupons corresponding to the Coupons, if any, appertaining to the surrendered Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, outstanding with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or CouponSecurity with a destroyed, lost or stolen Coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, outstanding with Coupons corresponding to the Coupons, if any, appertaining to such the destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertainsSecurity. Notwithstanding the foregoing provisions of this Section 306, in case any such mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new SecuritySecurity or Coupon, pay such Security or Coupon; provided, however, that payment of principal of, of and any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002l002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its Coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its Coupons, if any, or the destroyed, lost or stolen Coupon Coupon, shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any their Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 3 contracts

Samples: Indenture (Questar Market Resources Inc), Indenture (Questar Pipeline Co), Indenture (Questar Market Resources Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any premium, if any, and interest, if any, on, Bearer Securities shall, except as otherwise provided in Section 100210.02, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 3.01, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this Section, the Company may require the payment of a sum sufficient to cover any tax pay all documentary, stamp or similar issue or transfer taxes or other governmental charge charges that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The Notwithstanding Section 5.10, the provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 3 contracts

Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Sea Containers LTD /Ny/

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s 's request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security 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. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture Indenture, including the Guarantees, equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 3 contracts

Samples: Kb Home, Kb Home, Kb Home

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon and (ii2) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium and Make-Whole Amount, if any), any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 100210.2, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security 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. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this Section, specified as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.contemplated by

Appears in 3 contracts

Samples: Commercial Net Lease Realty Inc, National Retail Properties, Inc., Commercial Net Lease Realty Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it coupon is surrendered to a Paying Agent outside the United States or in the case of a Registered Security, to the Trustee, subject to the provisions of this Section 306, or if the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company and to the Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, and (ii) there is delivered to the Company 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 from and against any and all loss, liability or expensetheir agents harmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for therefor (together with all appurtenant coupons not destroyed, lost or stolen) a new Security of the same series and of like tenor and principal amount, bearing a number not contemporaneously outstanding with coupons corresponding to any coupons appertaining to such mutilated, destroyed, lost or stolen Security; provided, that, any such Bearer Security will be delivered only in lieu of compliance with Sections 3.03, 3.04 and 3.05, as applicable. In case any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon (without surrender thereof except in the case of a mutilated Security or coupon) if the applicant for such payment shall furnish to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any agent of them harmless, and in the case of destruction, loss or theft, evidence satisfactory to the Company and the Trustee and any agent of either of them of the destruction, loss or theft of such Security and the ownership thereof; provided, however, that payment the principal of principal of(and premium, any premium or interest if any) and interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.02, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 3.01, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security or coupon 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. Every new SecuritySecurity of any series, with any Coupons appertaining thereto its coupons, if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen SecuritySecurity of such series or in exchange for any mutilated Security of such series, or in exchange for a Security to which a mutilated, destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 3 contracts

Samples: Indenture (Meritor, Inc. (Nev)), Meritor Electric Vehicles, LLC, Maremont Exhaust Products, Inc.

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company Operating Partnership shall execute and and, upon Operating Partnership Order, the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company Operating Partnership and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, and (ii) such security or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Operating Partnership or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company Operating Partnership shall execute and, upon the CompanyOperating Partnership’s written request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company Operating Partnership in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security under this Section, the Company Operating Partnership 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 TrusteeTrustee and its legal counsel) connected therewith. Every new Security, with Security and any Coupons appertaining thereto issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains appertains’ shall constitute a separate obligation of the CompanyOperating Partnership, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture and the Guarantee equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 3 contracts

Samples: Indenture (Corporate Office Properties, L.P.), Indenture (Corporate Office Properties, L.P.), Corporate Office Properties, L.P.

Mutilated, Destroyed, Lost and Stolen Securities. If any ------------------------------------------------ mutilated Security or a Security with a mutilated Coupon coupon appertaining to it thereto is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any of their agents harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there be is delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expensetheir agents harmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute andexecute, and upon the Company’s request Company Request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, any premium or if any, -------- ------- on) and interest and Additional Amounts, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that which may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security, with Security of any Coupons series and any coupons appertaining thereto issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons any coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be coupon are at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, coupons appertaining thereto duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 3 contracts

Samples: McLeodusa Inc, McLeodusa Inc, McLeodusa Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any ------------------------------------------------ mutilated Security or a Security with a mutilated Coupon coupon appertaining to it thereto is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any of their agents harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there be is delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expensetheir agents harmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute andexecute, and upon the Company’s request Company Request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal of, any of (and premium or Make- -------- ------- Whole Amount, if any, on) and interest and Additional Amounts, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that which may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security, with Security of any Coupons series and any coupons appertaining thereto issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons any coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be coupon are at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, coupons appertaining thereto duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 3 contracts

Samples: Security Capital Group Inc/, Security Capital Group Inc/, Security Capital Group Inc/

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute execute, and the Guarantor shall execute, as applicable, the notation of the Guarantee pursuant to Article Fourteen or the Guarantee endorsed on, and the Trustee shall authenticate and deliver in exchange therefor therefor, a new Security of the same series containing identical terms and of like tenor and principal amount amount, having the notation of the Guarantee pursuant to Article Fourteen or the Guarantee endorsed thereon, as applicable, and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company Company, the Guarantor and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expensetheir agents harmless, then, in the absence of notice to the Company Company, the Guarantor or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute execute, and the Guarantor shall execute, as applicable, the notation of the Guarantee pursuant to Article Fourteen or the Guarantee endorsed on, and, upon the Company’s request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount, having the notation of the Guarantee endorsed pursuant to Article Fourteen or the Guarantee thereon, as applicable, and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company or the Guarantor in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining theretoSecurity. Upon the issuance of any new Security under this Section, the Company or the Guarantor, as the case may be, 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. Every new Security, with Security of any Coupons appertaining thereto series issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains and the Guarantee thereof shall constitute a separate an original additional contractual obligation of the CompanyCompany and the Guarantor, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities and Guarantees of such that series duly issued hereunder. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, and the Guarantee thereof, shall constitute an original contractual obligation of the Company and the Guarantor, whether or not the mutilated, destroyed, lost or stolen Security shall be at any Couponstime enforceable by anyone, if any, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities and Guarantees of that series duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or CouponsSecurities.

Appears in 3 contracts

Samples: Indenture (Rinker Group LTD), Indenture (Rinker Group LTD), Indenture (Rinker Group LTD)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there be is delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains with all appurtenant Coupons coupons not destroyed, lost lost, or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in In case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Couponcoupon; provided, however, that payment payments of principal ofof (and premium, if any) and any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series, with any Coupons appertaining thereto its coupons, if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen SecuritySecurity and its coupons, or in exchange for a Security to which a destroyedif any, lost or stolen Coupon appertains shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon its coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 3 contracts

Samples: Comdisco Inc, Comdisco Inc, Comdisco Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306307, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, and (ii) such security Security or indemnity as may be required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306307, in case any such mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; providedPROVIDED, howeverHOWEVER, that payment of principal ofof (and premium, if any) and any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series, with any Coupons appertaining thereto its Coupons, if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen SecuritySecurity and its Coupons, if any, or in exchange for a Security to which a the destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its Coupons, if any, or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any their Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 3 contracts

Samples: Subordinated Indenture (Southern First Bancshares Inc), Subordinated Indenture (Southern First Bancshares Inc), Entegra Financial Corp.

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of actual notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its written request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium or Make- Whole Amount, if any), any premium or interest on or and any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 3 contracts

Samples: Provident Companies Inc /De/, Provident Companies Inc /De/, Unumprovident Financing Trust Iii

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon and (ii2) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, if any), any premium or interest on or and any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this SectionSection 306, 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section 306 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be Section 306 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 Securities or Couponscoupons.

Appears in 3 contracts

Samples: Shurgard Storage Centers Inc, Shurgard Storage Centers Inc, Shurgard Storage Centers Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 3063.6, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 3063.6, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.2, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security under this SectionSection 3.6, 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. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section 3.6 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this SectionSection 3.6, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 3 contracts

Samples: Walgreens Boots Alliance, Inc., Indenture (RAM Holdings Ltd.), Indenture (Nordstrom Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, outstanding with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security, provided that if such new Security is a Bearer Security, such Security shall be delivered only outside the United States. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, Coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s request and the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains (upon surrender to the Trustee of such Security with all appurtenant Coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in In case any such mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new SecuritySecurity or Coupon, pay such Security or Coupon; provided, however, that payment principal of principal of(and premium, if any) and any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 10021102, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in specified as contemplated by Section 202 or pursuant to this IndentureSection 301, as the case may be, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security or Coupon 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. Every new Security, with Security or Coupon of any Coupons appertaining thereto series issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Security, Security or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities or Coupons of such that series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 3 contracts

Samples: Indenture (Polaroid Corp), Polaroid Corp, Washington Post Co

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and and, upon Company Order, the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, and (ii) such security or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s request receipt of a Company Order the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security 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 TrusteeTrustee and its legal counsel) connected therewith. Every new Security, with Security and any Coupons appertaining thereto issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 3 contracts

Samples: Indenture (W. P. Carey Inc.), Indenture (W. P. Carey Inc.), Indenture (American Honda Finance Corp)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall shall, at the relevant Holder's expense, execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company Company, at the relevant Holder's expense, shall execute andexecute, and upon the Company’s 's request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such destroyed, lost or stolen Security, a new Security of the same principal amount, containing identical terms and provisions and bearing a number not contemporaneously outstanding, appertaining to such destroyed, lost or stolen Security. Notwithstanding the provisions of the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining theretoSecurity. Upon the issuance of any new Security 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. Every new Security, with any Coupons appertaining thereto Security issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or CouponsSecurities.

Appears in 3 contracts

Samples: Interliant Inc, Triquint Semiconductor Inc, Transwitch Corp /De

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon or coupons appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new replacement Registered Security, if such surrendered security was a Registered Security, or a replacement Unregistered Security with coupons corresponding to the coupons appertaining to the surrendered Security, if such surrendered Security was an Unregistered Security, of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponany coupon or coupons appertaining thereto, and (ii) such bond, security or indemnity as may be required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of actual notice to the Company or the Trustee that such Security or Coupon any coupon or coupons appertaining thereto has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s a Company Order request the Trustee shall authenticate and deliver, in exchange for a replacement Registered Security, if such Xxxxxx’s claim pertains to a Registered Security, or in lieu a replacement Unregistered Security with coupons corresponding to the coupons appertaining to the destroyed, lost or stolen Unregistered Security or the Unregistered Security to which such destroyed, lost or stolen coupon or coupons appertains, if such Xxxxxx’s claim pertains to an Unregistered Security, of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost any coupon or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, coupons appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon thereto has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium coupon or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this SectionSection or any coupon or coupons appertaining thereto, 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. Every new Security, with Security or any Coupons coupon or coupons appertaining thereto of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, Security or in exchange for a Security to which a destroyed, lost any coupon or stolen Coupon appertains coupons appertaining thereto shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons or any coupon or coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be is at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities or any coupon or coupons appertaining thereto of such that series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponsany coupon or coupons appertaining thereto.

Appears in 3 contracts

Samples: Indenture (Core Molding Technologies Inc), Indenture (Core Molding Technologies Inc), Indenture (Core Molding Technologies Inc)

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Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Issuer, subject together with, in proper cases, such security or indemnity as may be required by the Issuer or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company Issuer and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Issuer or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company Issuer shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company Issuer in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, any premium or if any), and interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on in Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this Section, the Company Issuer 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generallysupplemented, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 3 contracts

Samples: Indenture (Evans Withycombe Residential Lp), Indenture (Evans Withycombe Residential Lp), Evans Withycombe Residential Lp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount amount, having endorsed thereon the Guarantee of the Guarantor and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company Company, the Guarantor and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Company, the Guarantor or the Trustee that such Security or Coupon has been acquired by a bona fide protected purchaser, the Company shall execute and, upon the Company’s request Company Request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount having endorsed thereon the Guarantee of the Guarantor and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest Interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest Interest on Bearer Securities and any Additional Amounts with respect to such interest Interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security under this SectionSection 306, the Company or the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security, with any Coupons appertaining thereto thereto, and the Guarantee of the Guarantor endorsed thereon, issued pursuant to this Section 306 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the CompanyCompany and the Guarantor, respectively, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, Coupons and related Guarantees duly issued hereunder. The provisions of this SectionSection 306, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 3 contracts

Samples: Securities and Guarantee (Apache Corp), Securities and Guarantee (Apache Corp), Apache Corp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon and (ii2) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; providedPROVIDED, howeverHOWEVER, that payment of principal ofof (and premium, if any), any premium or interest on or and any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.2, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 3.1, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this SectionSection 3.6, 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section 3.6 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be Section 3.6 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 Securities or Couponscoupons.

Appears in 3 contracts

Samples: Indenture (Neurocrine Biosciences Inc), Indenture (Leap Wireless International Inc), Indenture (Price Legacy Corp)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered SecuritySecurities. If there be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in In case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, if any) and any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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 TrusteeTrustee and its counsel) connected therewith. Every new SecuritySecurity of any series, with any Coupons appertaining thereto its coupons, if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 3 contracts

Samples: Indenture (Valero Energy Corp/Tx), Valero Energy Corp/Tx, United States Filter Corp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute, the Guarantor shall execute the Guarantee endorsed on, and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions, having the Guarantee endorsed thereon and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company Company, the Guarantor and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Company, the Guarantor or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and the Guarantor shall execute the Guarantee endorsed on and, upon the Company’s request or the Guarantor’s request, as the case may be, the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions, having the Guarantee endorsed thereon and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, any premium or interest if any) and interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, Security or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, and the Guarantee thereof, shall constitute a separate an original additional contractual obligation of the CompanyCompany and the Guarantor, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, and Guarantees duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Indenture (DEERE FUNDING CANADA Corp), Indenture (DEERE FUNDING CANADA Corp)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the TrusteeSecurity Registrar, subject to the provisions of this Section 3063.6, the Company shall execute and the Trustee shall authenticate or cause to be authenticated and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company Company, the Security Registrar and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Company, the Security Registrar or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s request request, the Trustee shall authenticate or cause to be authenticated and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 3063.6, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, and any premium or interest interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.2, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining theretoStates. Upon the issuance of any new Security under this SectionSection 3.6, the Company may require the payment of a sum sufficient to cover any stamp tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section 3.6 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains appertains, shall constitute a separate obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this SectionSection 3.6, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 2 contracts

Samples: Cit Group Inc, Cit Group Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new replacement Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaserprotected purchaser (as defined in Article 8 of the Uniform Commercial Code), the Company shall execute and, and upon the Company’s request Company Order the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to for which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new replacement Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, any premium or interest if any) and interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining theretorelated coupons. Upon the issuance of any new replacement Security 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. Every new Securityreplacement Security of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Security, Security or in exchange for a Security to which a mutilated, destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the mutilated, destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Imax Corp, Imax Corp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium or Make-Whole Amount, if any), any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 100210.02, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 3.01, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Indenture (American Campus Communities Inc), Indenture (Camden Property Trust)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, outstanding with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security, provided that if such new Security is a Bearer Security, such Security shall be delivered only outside the United States. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, Coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s request and the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains (upon surrender to the Trustee of such Security with all appurtenant Coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining appearing to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in In case any such mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new SecuritySecurity or Coupon, pay such Security or Coupon; provided, however, that payment principal of principal of(and premium, if any) and any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 10021102, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in specified as contemplated by Section 202 or pursuant to this IndentureSection 301, as the case may be, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security or Coupon 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. Every new Security, with Security or Coupon of any Coupons appertaining thereto series issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Security, Security or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities or Coupons of such that series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 2 contracts

Samples: Manor Care (Manor Care Inc/New), Manor Care Inc/New

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, and (ii) such security or indemnity as may be required by them to 20 save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of written notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, if any), any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Health and Retirement Properties Trust (Health & Retirement Properties Trust), Health and Retirement Properties Trust (Health & Retirement Properties Trust)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it thereto is surrendered to the Trustee, subject to the provisions of this Section 306, the Company Corporation shall execute and and, upon Corporation Order, the Trustee shall authenticate and deliver in exchange therefor a new replacement Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security, or, in case any such mutilated Security or coupon has become or is about to become due and payable, the Corporation in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to the surrendered Security, pay such Security or coupon. If there shall be delivered to the Company Corporation and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Corporation or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company Corporation shall execute and, and upon the Company’s request Corporation Order the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to for which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new replacement Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306, or, in case any mutilated, such destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company Corporation in its discretion may, instead of issuing a new replacement Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining theretocoupon. Upon the issuance of any new replacement Security under this Section, the Company Corporation 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 fees, and expenses of the Trustee) connected therewith. Every new Securityreplacement Security of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, Security or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate contractual obligation of the CompanyCorporation, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Indenture (Nutrien Ltd.), Indenture (Nutrien Ltd.)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the TrusteeSecurity Registrar, subject to the provisions of this Section 3063.6, the Company shall execute and the Trustee shall authenticate or cause to be authenticated and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company Company, the Security Registrar and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Company, the Security Registrar or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s request the Trustee shall authenticate or cause to be authenticated and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 3063.6, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, and any premium or interest interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.2, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining theretoStates. Upon the issuance of any new Security under this SectionSection 3.6, the Company may require the payment of a sum sufficient to cover any stamp tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section 3.6 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this SectionSection 3.6, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 2 contracts

Samples: Cit Group Inc, Cit Group Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon Guarantee or coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto Guarantees or coupons corresponding to the CouponsGuarantees or coupons, respectively, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Security Security, Guarantee or Coupon, coupon and (ii2) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security Security, Guarantee or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon Guarantee or coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons Guarantees or coupons corresponding to the CouponsGuarantees or coupons, respectively, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon Guarantee or coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with its Guarantee or coupons corresponding to the Guarantee or coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Guarantee or coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, any premium or interest on or any Additional Amounts if any) and Interest (including the Redemption Price upon redemption pursuant to Article Eleven) with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this SectionSection 306, 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. Every new SecuritySecurity of any series with its Guarantee and coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section 306 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the CompanyCompany and, if applicable, the Guarantor, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its Guarantee and coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir Guarantees and coupons, if any, duly issued hereunder. The To the extent permitted by applicable law, the provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be Section 306 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 Securities Securities, Guarantees or Couponscoupons.

Appears in 2 contracts

Samples: Kilroy Realty, L.P., Kilroy Realty, L.P.

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security, or, in case any such mutilated Security or coupon has become or is about to become due and payable, the Company in itsdiscretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to the surrendered Security, pay such Security or coupon. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s request Company Order the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to for which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, any premium or interest if any) and interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Security, Security or in exchange for a Security to which a mutilated, destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the mutilated, destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Indenture (BSC Capital Trust Iii), Indenture (BSC Capital Trust Iii)

Mutilated, Destroyed, Lost and Stolen Securities. If any ------------------------------------------------ mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, outstanding with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the mutilation, destruction, loss or theft of any Security or Coupon, and (ii) such security or indemnity as may be required by them to save each of them them, and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee or the Authenticating Agent, if any, shall authenticate and deliver, in exchange make available for or delivery in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains (upon surrender to the Trustee of such Security with all appurtenant Coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in In case any such mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new SecuritySecurity or Coupon as otherwise required above, pay such Security or Coupon; provided, however, that payment principal of principal of(and premium, any premium or if any) and interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 10024.2, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or specified pursuant to this IndentureSection 2.1, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security or Coupon 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 TrusteeTrustee or the Authenticating Agent, if any) connected therewith. Every new Security, with Security of any Coupons appertaining thereto series issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, Security or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities or Coupons of such that series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 2 contracts

Samples: Usx Capital Trust I, Usx Corp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal of, any of (and premium or Make-Whole Amount, if any), and any interest on or any Additional Amounts with respect to any on, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Indenture (Avalonbay Communities Inc), Indenture (Apex Mortgage Capital Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee together with, subject in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them and any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security, or, in case any such mutilated Security or coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to the surrendered Security, pay such Security or coupon. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s request Company Order the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to for which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, any premium or interest if any) and interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this Section, the Company may require the payment of a sum sufficient to cover any tax pay all documentary, stamp or similar issue or transfer taxes or other governmental charge charges that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Security, Security or in exchange for a Security to which a mutilated, destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the mutilated, destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be Section 307 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: CSC Holdings Inc, CSC Holdings Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, outstanding with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security, PROVIDED that if such new Security is a Bearer Security, such Security shall be delivered only outside the United States. If there shall be delivered to the Company and to the Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, Coupon and (ii2) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s request and the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains (upon surrender to the Trustee of such Security with all appurtenant Coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in In case any such mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new SecuritySecurity or Coupon, pay such Security or Coupon; providedPROVIDED, howeverHOWEVER, that payment principal of principal of(and premium, if any) and any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100211.2, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in specified as contemplated by Section 2.2 or pursuant to this IndentureSection 3.1, as the case may be, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security or Coupon 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. Every new Security, with Security or Coupon of any Coupons appertaining thereto series issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Security, Security or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities or Coupons of such that series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 2 contracts

Samples: Apex Silver Mines LTD, Apex Silver Mines LTD

Mutilated, Destroyed, Lost and Stolen Securities. If any ------------------------------------------------ mutilated Security or a Security with a mutilated Coupon coupon appertaining to it thereto is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any of their agents harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there be is delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon 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 from and against any and all loss, liability or expensetheir agents harmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute andexecute, and upon the Company’s request Company Request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal of, any of (and premium or Make- -------- ------- Whole Amount, if any, on) and interest and Additional Amounts, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that which may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security, with Security of any Coupons series and any coupons appertaining thereto issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons any coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be coupon are at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, coupons appertaining thereto duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Security Capital U S Realty, Security Capital U S Realty

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s 's request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security 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. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 2 contracts

Samples: Indenture (Nymagic Inc), Indenture (Nymagic Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Issuer, subject together with, in proper cases, such security or indemnity as may be required by the Issuer or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company Issuer and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Issuer or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company Issuer shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company Issuer in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Coupon; coupon, provided, however, that payment of principal of, any of (and premium or Make-Whole Amount, if any), and interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on in Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this Section, the Company Issuer 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunderthereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generallysupplemented, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Indenture (Equity Office Properties Trust), Indenture (Equity Office Properties Trust)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute execute, and the Trustee shall authenticate and deliver deliver, in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of actual notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, if any), any premium or interest on or and any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Connecticut Southern Railroad Inc, Connecticut Southern Railroad Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security Security, or a Bearer Security with a one or more mutilated Coupon coupons appertaining to it it, is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute execute, and the Trustee shall authenticate and deliver in exchange therefor a new Security, with, if Bearer Securities, all coupons corresponding to the coupons surrendered with the surrendered Bearer Security (including mutilated coupons), if any, of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon and (ii) such security or indemnity as may be required by them to save hold each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (upon surrender to the Trustee of such Security with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in In case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new SecuritySecurity or coupon, pay such Security or Couponcoupon; provided, however, that payment principal of principal of(and premium, if any) and any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 10025.02, be payable only at an Office office or Agency for such Securities agency located outside the United States and, and unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 3.01, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security or coupon 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. Every new Security, with Security or coupon of any Coupons appertaining thereto series issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, Security or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities or coupons of such that series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Eli Lilly (Lilly Eli & Co), Beneficial Corp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, having endorsed thereon a notation of the Guarantee executed by each applicable Guarantor, if any, and with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, and (ii) such security or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, upon the Company’s request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, having endorsed thereon a notation of the Guarantee executed by each applicable Guarantor, if any, and with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security 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. Every new Security, together with each Guarantee, if any the notation of which is endorsed thereon and any Coupons appertaining thereto issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the CompanyCompany and each applicable Guarantor, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 2 contracts

Samples: Reconciliation And (Hunt J B Transport Services Inc), J.B. Hunt Transport, Inc.

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, having endorsed thereon a notation of the Guarantee executed by the Guarantor, if applicable, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, having endorsed thereon a notation of the Guarantee executed by the Guarantor, if applicable, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, if any), any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series (together with the Guarantee, if applicable, the notation of which is endorsed thereon) with any Coupons appertaining thereto its coupons, if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the CompanyCompany and the Guarantor, if applicable, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Indenture (PennyMac Mortgage Investment Trust), PennyMac Corp.

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Equity-Linked Security or a Security with a mutilated Coupon appertaining to it is surrendered to the TrusteePurchase Contract Agent, subject together with such security or indemnity as may be reasonably required by the Company, the Purchase Contract Agent and the U.S. Trustee to the provisions hold them or any of this Section 306their agents harmless, then the Company shall execute and deliver to the Purchase Contract Agent and the U.S. Trustee, and the Purchase Contract Agent and, if applicable, the U.S. Trustee shall authenticate on behalf of the Holder, and deliver in exchange therefor therefor, a new Security of Equity-Linked Security, evidencing the same series containing identical terms and number of like principal amount Units or Separate Purchase Contracts, as the case may be, and bearing a security number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company Company, the Purchase Contract Agent and to the U.S. Trustee (in the case of any Units) (i) evidence to their satisfaction of the destruction, loss or theft of any Security or CouponEquity-Linked Security, and (ii) such security or indemnity as may be required by them satisfactory to save each the Company, the Purchase Contract Agent and the U.S. Trustee at the expense of them and any agent of either of them harmless from and against any and all loss, liability or expensethe Holder, then, in the absence of notice to the Company Company, the Purchase Contract Agent or the U.S. Trustee that such Equity-Linked Security or Coupon has been acquired by a bona fide protected purchaser, the Company shall execute andand deliver to the Purchase Contract Agent and the U.S. Trustee (in the case of any Units), upon and the Company’s request Purchase Contract Agent and the U.S. Trustee (in the case of any Units) shall authenticate on behalf of the Holder, and deliverdeliver to the Holder, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security Equity-Linked Security, a new Equity-Linked Security, evidencing the same number of Units or to Separate Purchase Contracts, as the Security to which such destroyedcase may be, lost or stolen Coupon appertainsand bearing a security number not contemporaneously outstanding. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payableforegoing, the Company shall not be obligated to execute and deliver to the Purchase Contract Agent and the U.S. Trustee, and the Purchase Contract Agent and, in its discretion maythe case of Units, instead the U.S. Trustee shall not be obligated to authenticate on behalf of issuing a new Securitythe Holder, pay such and deliver to the Holder, an Equity-Linked Security or Coupon; provided, however, that payment of principal of, any premium or interest on or after the second Scheduled Trading Day immediately preceding the Scheduled Mandatory Settlement Date or the second Scheduled Trading Day immediately preceding any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts Early Mandatory Settlement Date with respect to such interest shall be payable only Equity-Linked Security. In lieu of delivery of a new Equity-Linked Security, upon presentation and surrender satisfaction of the Coupons appertaining theretoapplicable conditions specified above in this Section and receipt of appropriate registration or transfer instructions from such Holder, the Company shall, if a Settlement Date with respect to such Equity-Linked Security has occurred, deliver or arrange for delivery of the Subordinate Voting Shares deliverable and cash in lieu of any fractional Subordinate Voting Shares in respect of the Purchase Contracts evidenced by such Equity-Linked Security (together with Separate Notes equal to the number of, and in the same form as, the Notes evidenced by such Equity-Linked Security if such Equity-Linked Security is a Unit and if the Repurchase Right is not applicable or, if applicable, not exercised). Upon the issuance of any new Equity-Linked Security under this SectionSection 3.10, the Company and the Purchase Contract 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 relation thereto and any other expenses (including the fees and expenses of the TrusteePurchase Contract Agent) connected therewith. Every new Security, with any Coupons appertaining thereto Equity-Linked Security issued pursuant to this Section 3.10 in lieu of any destroyed, lost or stolen Security, or in exchange for a Equity-Linked Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate an original additional contractual obligation of the CompanyCompany and of the Holder in respect of the Unit or Separate Purchase Contract, as the case may be, evidenced thereby, whether or not the destroyed, lost or stolen Equity-Linked Security shall be found at any time. Such new Equity-Linked Security (and Coupons appertaining thereto the Units or the destroyedSeparate Purchase Contracts, lost or stolen Coupon as applicable, 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 Indenture Agreement equally and proportionately with any and all other Equity-Linked Securities of such series and any Coupons, if any, duly issued delivered hereunder. The provisions of this SectionSection 3.10 are exclusive and shall preclude, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or CouponsEquity-Linked Securities.

Appears in 2 contracts

Samples: Purchase Contract Agreement (GFL Environmental Inc.), Purchase Contract Agreement (GFL Environmental Holdings Inc.)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security with Coupons corresponding to the Coupons, if any, appertaining to the surrendered Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, outstanding with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or CouponSecurity with a destroyed, lost or stolen Coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, outstanding with Coupons corresponding to the Coupons, if any, appertaining to such the destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertainsSecurity. Notwithstanding the foregoing provisions of this Section 306, in In case any such mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new SecuritySecurity or Coupon, pay such Security or Coupon; provided, however, that payment of principal of, of and any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.02, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 3.01, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its Coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its Coupons, if any, or the destroyed, lost or stolen Coupon Coupon, shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any their Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.. SECTION 3.07

Appears in 2 contracts

Samples: Indenture (Hasbro Inc), Hasbro Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, Holdings, as the Company sole general partner of the Operating Partnership, shall execute and and, upon Operating Partnership Order, the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company Operating Partnership and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, and (ii) such security or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Operating Partnership or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, Holdings, as the Company sole general partner of the Operating Partnership, shall execute and, upon the Company’s request Operating Partnership Request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company Operating Partnership in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security under this Section, the Company Operating Partnership 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 TrusteeTrustee and its legal counsel) connected therewith. Every new Security, with Security and any Coupons appertaining thereto issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the CompanyOperating Partnership, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture and the Limited Guarantee equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 2 contracts

Samples: CBL & Associates Limited Partnership, CBL & Associates Limited Partnership

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, any premium or interest if any) and interest, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Indenture (Deere & Co), Pse&g Capital Trust Iii

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon Guarantee or coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto Guarantees or coupons corresponding to the CouponsGuarantees or coupons, respectively, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Security Security, Guarantee or Coupon, coupon and (ii2) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security Security, Guarantee or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon Guarantee or coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons Guarantees or coupons corresponding to the CouponsGuarantees or coupons, respectively, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon Guarantee or coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, any premium or interest on or any Additional Amounts if any) and Interest (including the Redemption Price upon redemption pursuant to Article Eleven) with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this SectionSection 306, 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section 306 in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be Section 306 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 Securities Securities, Guarantees or Couponscoupons.

Appears in 2 contracts

Samples: Kilroy Realty, L.P., Kilroy Realty, L.P.

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security, or, in case any such mutilated Security or coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to the surrendered Security, pay such Security or coupon. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s request Company Order the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to for which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306, or, in case any mutilated, such destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining theretocoupon. Upon the issuance of any new Security under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental government charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, Security or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Pacific Telesis Financing Iii, Pacific Telesis Financing Iii

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security with Coupons corresponding to the Coupons, if any, appertaining to the surrendered Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, outstanding with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or CouponSecurity with a destroyed, lost or stolen Coupon 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, outstanding with Coupons corresponding to the Coupons, if any, appertaining to such the destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertainsSecurity. Notwithstanding the foregoing provisions of this Section 306, in In case any such mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new SecuritySecurity or Coupon, pay such Security or Coupon; provided, however, that payment of principal of, of and any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.02, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 3.01, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its Coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its Coupons, if any, or the destroyed, lost or stolen Coupon Coupon, shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any their Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 2 contracts

Samples: Indenture (Hasbro Inc), Hasbro Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or PCS, subject together with, in proper cases, such security or indemnity as may be required by PCS or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company PCS shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company PCS and to the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, and (iib) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company PCS or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company PCS shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company PCS in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, if any), any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance Every new Security of any new Security under this Sectionseries with its coupons, 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. Every new Securityif any, with any Coupons appertaining thereto issued pursuant to this Section 306 in lieu of any mutilated, destroyed, lost or stolen Security, or in exchange for a Security to which a mutilated, destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the CompanyPCS, whether or not the mutilated, destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the mutilated, destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be Section 306 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Potash Corporation of Saskatchewan Inc, Potash Corporation of Saskatchewan Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon appertaining to it is surrendered to the Trustee, subject to the provisions of this Section 306, the Company Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto corresponding to the Coupons, if any, appertaining to the surrendered Security. If there be delivered to the Company Issuer and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company Issuer or the Trustee that such Security or Coupon has been acquired by a bona fide purchaser, the Company Issuer shall execute and, upon the Company’s Issuer's request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon appertains with all appurtenant Coupons not destroyed, lost or stolen, a new Security of the same series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding, with Coupons corresponding to the Coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon appertains. Notwithstanding the foregoing provisions of this Section 306, in case any mutilated, destroyed, lost or stolen Security or Coupon has become or is about to become due and payable, the Company Issuer in its discretion may, instead of issuing a new Security, pay such Security or Coupon; provided, however, that payment of principal of, any premium or interest on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office or Agency for such Securities located outside the United States and, unless otherwise provided in or pursuant to this Indenture, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons appertaining thereto. Upon the issuance of any new Security under this Section, the Company Issuer 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. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture and the Guarantees equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 2 contracts

Samples: Media General Inc, Virginia Paper Manufacturing Corp

Mutilated, Destroyed, Lost and Stolen Securities. If ------------------------------------------------ any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium, if any), -------- ------- any premium or interest on or and any Additional Amounts with respect to any to, Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Level 3 Communications Inc, Level 3 Communications Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the Trustee, subject the Company or the Guarantor, if such Securities are Guaranteed Securities, together with, in proper cases, such security or indemnity as may be required by the Company, the Guarantor or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company and Guarantor, if such Securities are Guaranteed Securities, shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series Series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company Company, the Guarantor, if applicable, and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company and the Guarantor, if such Securities are Guaranteed Securities, shall execute and, and upon the Company’s request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series Series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstandingoutstanding and, if applicable, having a Guarantee endorsed thereon, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon if the applicant for such payment shall furnish to the Company, the Guarantor, if applicable, and the Trustee for such Security such security or indemnity as may be required by them to save each of them harmless, and in the case of destruction, loss or theft, evidence satisfactory to the Company, the Guarantor, if applicable, and Trustee and any agent of any of them of the destruction, loss or theft of such Security and the ownership thereof; provided, however, that payment of principal of, any of (and premium or interest on or any Additional Amounts with respect to any Make-Whole Amount, if any), and interest, if any, on, Bearer Securities shall, except as otherwise provided in Section 100210.02, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 3.01, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any Series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the CompanyCompany and the Guarantor, if such Securities are Guaranteed Securities, respectively, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series that Series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Boston Properties LTD Partnership, Boston Properties LTD Partnership

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expenseharmless, then, in the absence of actual notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium or Make- Whole Amount, if any), any premium or interest on or and any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new SecuritySecurity of any series with its coupons, with any Coupons appertaining thereto if any, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto its coupons, if any, or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such that series and any Couponstheir coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Reconciliation And (Provident Companies Inc /De/), Reconciliation And (Provident Companies Inc /De/)

Mutilated, Destroyed, Lost and Stolen Securities. If any ------------------------------------------------ mutilated Security or a Security with a mutilated Coupon coupon appertaining to it thereto is surrendered to the TrusteeTrustee or the Operating Partnership, subject to together with, in proper cases, such security or indemnity as may be required by the provisions of this Section 306Operating Partnership, the Company (if such Security is a Guaranteed Security) or the Trustee to save each of them or any of their agents harmless, the Operating Partnership shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security (which, if such Security is a Guaranteed Security, shall have the related Guarantee endorsed thereon) of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there be is delivered to the Operating Partnership, the Company (if the Security is a Guaranteed Security) and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security or Couponcoupon, 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 from and against any and all loss, liability or expensetheir agents harmless, then, in the absence of notice to the Operating Partnership, the Company (if the Security is a Guaranteed Security) or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company Operating Partnership shall execute and, and upon the Company’s request Operating Partnership Request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security (which, if such Security is a Guaranteed Security, shall have the related Guarantee endorsed thereon) of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company Operating Partnership in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; provided, however, that payment of principal ofof (and premium -------- ------- or Make-Whole Amount, any premium or if any, on) and interest and Additional Amounts, if any, on or any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 301, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security under this Section, the Company Operating Partnership may require the payment of a sum sufficient to cover any tax or other governmental charge that which may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new SecuritySecurity of any series, with and any Coupons related Guarantee and any coupons appertaining thereto thereto, issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains coupon appertains, shall constitute a separate an original additional contractual obligation of the CompanyOperating Partnership and the Company (if such Security is a Guaranteed Security), whether or not the destroyed, lost or stolen Security and Coupons any related Guarantee and any coupons appertaining thereto or the destroyed, lost or stolen Coupon coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series series, and any Coupons, if anyrelated Guarantee and any coupons appertaining thereto, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Couponscoupons.

Appears in 2 contracts

Samples: Cabot Industrial Trust, Cabot Industrial Properties Lp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Coupon coupon appertaining to it is surrendered to the TrusteeTrustee or the Company, subject together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to the provisions save each of this Section 306them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons appertaining thereto coupons corresponding to the Couponscoupons, if any, appertaining to the surrendered Security. If there shall be delivered to the Company and to the Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Security or Coupon, coupon and (ii2) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless from and against any and all loss, liability or expenseharmless, then, in the absence of notice to the Company or the Trustee that such Security or Coupon coupon has been acquired by a bona fide purchaser, the Company shall execute and, and upon the Company’s its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security or in exchange for the Security to which a destroyed, lost or stolen Coupon coupon appertains (with all appurtenant Coupons coupons not destroyed, lost or stolen), a new Security of the same series and principal amount, containing identical terms and of like principal amount provisions and bearing a number not contemporaneously outstanding, with Coupons coupons corresponding to the Couponscoupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Coupon coupon appertains. Notwithstanding the foregoing provisions of this Section 306the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or Coupon coupon has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains, pay such Security or Couponcoupon; providedPROVIDED, howeverHOWEVER, that payment of principal ofof (and premium, if any), any premium or interest on or and any Additional Amounts with respect to any Bearer Securities shall, except as otherwise provided in Section 100210.2, be payable only at an Office office or Agency for such Securities agency located outside the United States and, unless otherwise provided in or pursuant to this Indenturespecified as contemplated by Section 3.1, any interest on Bearer Securities and any Additional Amounts with respect to such interest shall be payable only upon presentation and surrender of the Coupons coupons appertaining thereto. Upon the issuance of any new Security 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. Every new Security, with any Coupons appertaining thereto issued pursuant to this Section in lieu of any destroyed, lost or stolen Security, or in exchange for a Security to which a destroyed, lost or stolen Coupon appertains shall constitute a separate obligation of the Company, whether or not the destroyed, lost or stolen Security and Coupons appertaining thereto or the destroyed, lost or stolen Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of such series and any Coupons, if any, duly issued hereunder. The provisions of this Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be 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 Securities or Coupons.

Appears in 2 contracts

Samples: Indenture (Viasat Inc), Excel Legacy Corp

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