Common use of Mutilated, Destroyed, Lost or Stolen Trust Certificate Clause in Contracts

Mutilated, Destroyed, Lost or Stolen Trust Certificate. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate, and (ii) there is delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee or its authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate of like tenor and fractional undivided interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Any duplicate Trust Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 27 contracts

Samples: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley-Davidson Motorcycle Trust 2006-3)

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Mutilated, Destroyed, Lost or Stolen Trust Certificate. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate, and (iib) there is shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then, then in the absence of notice that such Trust Certificate has shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee or its any authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate of like tenor and fractional undivided interestCertificate. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee and the Certificate Registrar 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 theretoconnection therewith. Any duplicate Trust Certificate issued pursuant to this Section shall constitute complete and indefeasible conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (KeyCorp Student Loan Trust 2005-A), Trust Agreement (Key Consumer Receivables LLC), Trust Agreement (KeyCorp Student Loan Trust 2006-A)

Mutilated, Destroyed, Lost or Stolen Trust Certificate. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate, and (iib) there is shall be delivered to the Certificate Registrar and the Owner Eligible Lender Trustee such security or indemnity as may be required by them to save each of them harmless, then, then in the absence of notice that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Eligible Lender Trustee on behalf of the Trust shall execute and the Owner Eligible Lender Trustee or its authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate of like tenor and fractional undivided interestthe same class. In connection with the issuance of any new Trust Certificate under this Section, the Owner Eligible Lender Trustee and the Certificate Registrar 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 theretoconnection therewith. Any duplicate Trust Certificate issued pursuant to this Section shall constitute complete and indefeasible conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Keycorp Student Loan Trust 2000-B), Trust Agreement (Keycorp Student Loan Trust 2000-A), Trust Agreement (Keycorp Student Loan Trust 2001-A)

Mutilated, Destroyed, Lost or Stolen Trust Certificate. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate, and (iib) there is shall be delivered to the Certificate Registrar and the Owner Eligible Lender Trustee such security or indemnity as may be required by them to save each of them harmless, then, then in the absence of notice that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Eligible Lender Trustee on behalf of the Trust shall execute and the Owner Eligible Lender Trustee or its authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate of like tenor and fractional undivided interestCertificate. In connection with the issuance of any new Trust Certificate under this Section, the Owner Eligible Lender Trustee and the Certificate Registrar 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 theretoconnection therewith. Any duplicate Trust Certificate issued pursuant to this Section shall constitute complete and indefeasible conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Keycorp Student Loan Trust 2002-A), Trust Agreement (Keycorp Student Loan Trust 2003-A), Trust Agreement (Key Bank Usa National Association)

Mutilated, Destroyed, Lost or Stolen Trust Certificate. If (i) any the mutilated Trust Certificate is shall be surrendered to the Trust Certificate Registrar, or if the Trust Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any the Trust Certificate, and (ii) there is shall be delivered to the Trust Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them and the Trust harmless, then, then in the absence of notice that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee Trustee, on behalf of the Trust Trust, shall execute and the Owner Trustee or its authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate of like tenor and fractional undivided interesttenor. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee and the Trust Certificate Registrar 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 theretoconnection therewith. Any duplicate Trust Certificate issued pursuant to this Section subsection (f) shall constitute complete and indefeasible conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.. (g)

Appears in 1 contract

Samples: Trust Agreement (Nelnet Inc)

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Mutilated, Destroyed, Lost or Stolen Trust Certificate. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate, and (iib) there is shall be delivered to the Certificate Registrar and the Owner Eligible Lender Trustee such security or indemnity as may be required by them to save each of them harmless, then, then in the absence of notice that such Trust Certificate has shall have been acquired by a bona fide protected purchaser, the Owner Eligible Lender Trustee on behalf of the Trust shall execute and the Owner Eligible Lender Trustee or its authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate of like tenor and fractional undivided interestCertificate. In connection with the issuance of any new Trust Certificate under this Section, the Owner Eligible Lender Trustee and the Certificate Registrar 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 theretoconnection therewith. Any duplicate Trust Certificate issued pursuant to this Section shall constitute complete and indefeasible conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Keycorp Student Loan Trust 2004-A)

Mutilated, Destroyed, Lost or Stolen Trust Certificate. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate, Certificate and (iib) there is shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute Trust, and the Owner Trustee or its authenticating agent the Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate of like tenor and fractional undivided interestdenomination. In connection with the issuance of any new Trust Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment by the Holder of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in relation theretoconnection therewith. Any duplicate Trust Certificate issued pursuant to this Section 3.06 shall constitute complete and indefeasible conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (American Home Mortgage Investment Trust 2007-1)

Mutilated, Destroyed, Lost or Stolen Trust Certificate. If (i) any a mutilated Trust Certificate is surrendered to the Certificate RegistrarOwner Trustee, or the Certificate Registrar Owner Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate, and (ii) there is delivered to the Certificate Registrar Owner Trustee and the Owner Trustee Trust such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee or its authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate of like tenor and fractional undivided interestCertificate. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee may require the payment by the Holder Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Any duplicate Trust Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Dillard Asset Funding Co)

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