Mutilated, Destroyed, Lost or Stolen Note. If (i) any mutilated Note is surrendered to the Trustee, or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, and (ii) there is delivered to the Trustee such security or indemnity as may be required by it to hold the Issuer and the Trustee harmless, then, in the absence of notice to the Issuer, the Note Registrar or the Trustee that such Note has been acquired by a protected purchaser, and, provided that the requirements of Section 8-405 and 8-406 of the UCC are met, the Issuer shall execute, and upon request by the Issuer, the Trustee shall authenticate and deliver in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a replacement Note; PROVIDED, HOWEVER, that if any such destroyed, lost or stolen Note, but not a mutilated Note, shall have become, or within seven days shall be, due and payable or shall have been called for redemption, instead of issuing a replacement Note, the Issuer may direct the Trustee, in writing, to pay such destroyed, lost or stolen Note when so due or payable without surrender thereof. If, after the delivery of such replacement Note or payment of a destroyed, lost or stolen Note pursuant to the preceding sentence, a protected purchaser of the original Note in lieu of which such replacement Note was issued, presents for payment such original Note, the Issuer and the Trustee shall be entitled to recover such replacement Note (or such payment) from the Person to whom it was delivered or any assignee of such Person, except a protected purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Issuer or the Trustee in connection therewith.
Mutilated, Destroyed, Lost or Stolen Note. If this Note shall become mutilated or defaced, or be destroyed, lost or stolen, the Company shall execute and deliver a new note of like principal amount in exchange and substitution for the mutilated or defaced Note, or in lieu of and in substitution for the destroyed, lost or stolen Note. In the case of a mutilated or defaced Note, the Holder shall surrender such Note to the Company. In the case of any destroyed, lost or stolen Note, the Holder shall furnish to the Company: (i) evidence to its satisfaction of the destruction, loss or theft of such Note and (ii) such security or indemnity (which shall not include the posting of any bond) as may be reasonably required by the Company to hold the Company harmless.
Mutilated, Destroyed, Lost or Stolen Note. In case this Note shall become mutilated or be destroyed, lost or stolen, the Company in its discretion may execute and deliver a new Note, in exchange and substitution for the mutilated Note or in lieu of and in substitution for the Note destroyed, lost or stolen. In every case the Noteholder shall furnish to the Company such security or indemnity as may be required by it to save the Company harmless, and, in every case of destruction, loss or theft the Noteholder shall also furnish to the Company evidence to its satisfaction of the destruction, loss or theft of this Note and of the ownership thereof. Upon issuance of any substituted Note, 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 other expenses connected therewith.
Mutilated, Destroyed, Lost or Stolen Note. If this Note shall become mutilated or defaced, or be destroyed, lost or stolen, Maker shall execute and deliver a new note of like principal amount in exchange and substitution for the mutilated or defaced Note, or in lieu of and in substitution for the destroyed, lost or stolen Note certificate. In the case of a mutilated or defaced Note certificate, the Holder shall surrender such Note certificate to Maker. In the case of any destroyed, lost or stolen Note certificate, the Holder shall furnish to Maker: (i) evidence to its satisfaction of the destruction, loss or theft of such Note certificate and (ii) such security or indemnity (which shall not include the posting of any bond) as may be reasonably required by Maker to hold Maker harmless.
Mutilated, Destroyed, Lost or Stolen Note. In case any Note shall become mutilated or defaced, or be destroyed, lost or stolen, Borrower shall, upon request from Lender, execute and deliver a new Note of like principal amount in exchange and substitution for the mutilated or defaced Note, or in lieu of and in substitution for the destroyed, lost or stolen Note. In the case of a mutilated or defaced Note, the mutilated or defaced Note shall be surrendered to Borrower upon delivery to Lender of the new Note. In the case of any destroyed, lost or stolen Note, Lender shall furnish to Borrower, upon delivery to Lender of the new Note (i) evidence of the destruction, loss or theft of such Note and (ii) such security or indemnity as may be reasonably required by Borrower to hold Borrower harmless.
Mutilated, Destroyed, Lost or Stolen Note. (a) If there shall be delivered to the Borrower and the Lender prior to the payment of the Note (i) evidence to its satisfaction of the destruction, loss or theft of the Note and (ii) such security or indemnity as may be required by them to save and hold each of them (and any agent or other Affiliate of either of them) harmless, then, in the absence of notice to the Borrower or the Lender that such Note has been acquired by a bona fide purchaser, the Borrower shall, at the sole expense of the Lender, execute and the Lender shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding.
Mutilated, Destroyed, Lost or Stolen Note. If the Note shall become mutilated, destroyed, lost or stolen, Borrower shall, upon the written request of the Lender, execute and Borrower shall authenticate and deliver, in replacement thereof, a new Note in the same principal amount, dated the date of the Note being replaced. If the Note being replaced has become mutilated, such Note shall be surrendered to Borrower. If the Note being replaced has been destroyed, lost or stolen, the Lender shall furnish to Borrower such security or indemnity as Borrower may reasonably require to save Borrower harmless and shall deliver evidence reasonably satisfactory to Borrower of the destruction, loss or theft of the Note and of the ownership thereof. Upon the execution and delivery of a new Note pursuant to this Section 2.08, Borrower may require from the party requesting such new Note, without any right of reimbursement under any Loan Document, payment of a sum to reimburse Borrower for, or to provide funds for, the payment of any tax or other governmental charge in connection therewith or any charges and expenses connected with such tax or other governmental charge paid or payable by Borrower.
Mutilated, Destroyed, Lost or Stolen Note. (a) If the Note shall become mutilated, destroyed, lost or stolen, then upon the written request of the affected Facility Lender or the Administrative Agent, as the case may be, the Borrower shall execute and deliver to the affected Facility Lender or the Administrative Agent, as the case may be, a new Note. Such new Note shall be: (i) recorded in the name in which such mutilated, destroyed, lost or stolen Note was recorded; (ii) in the same original Note Amount as such mutilated, destroyed, lost or stolen Note; and (iii) dated the date of such mutilated, destroyed, lost or stolen Note. If the Note being replaced has become mutilated, it shall be surrendered to the Borrower. If the Note being replaced has been destroyed, lost or stolen, the affected Facility Lender or the Administrative Agent, as the case may be, may furnish to the Borrower a customary security or indemnity as reasonably may be requested by the Borrower to save Borrower harmless from any damages directly caused by the destruction, loss or theft of such Note and the ownership thereof.
Mutilated, Destroyed, Lost or Stolen Note. (a) If any Note shall become mutilated, lost, stolen or destroyed, the affected Noteholder shall be entitled to the issuance of a substitute Note only as follows:
Mutilated, Destroyed, Lost or Stolen Note. If this Note becomes ----------------------------------------- mutilated or defaced, or is destroyed, lost or stolen, Newco and TVN shall execute and deliver a new note of like Principal Amount in exchange and substitution for the mutilated or defaced Note, or in lieu of, and in substitution for, the destroyed, lost or stolen Note. In the case of any destroyed, lost or stolen Note, Holder shall furnish to Newco and TVN (i) evidence to TVN and Newco's reasonable satisfaction of the destruction, loss or theft of such Note and (ii) such security or indemnity as may be reasonably required to hold Newco and TVN harmless from liability in connection therewith.
