Common use of Mutilated Clause in Contracts

Mutilated. destroyed, lost or stolen Notes. In case any temporary or definitive Note shall become mutilated or be destroyed, lost or stolen, the Company, in the case of any mutilated Note shall, and in the case of any destroyed, lost or stolen Note in its discretion may, execute, and upon the Company's request the Trustee shall authenticate and deliver, a new Note bearing a number, letter or other distinguishing symbol not contemporaneously outstanding in exchange and substitution for the mutilated Note, or in lieu of and in substitution for the Note so destroyed, lost or stolen, or, instead of issuing a substituted Note if any such Note shall have matured or shall be about to mature or shall have been selected for redemption or if the Company shall have received a notice from Holders accepting a Change in Control Offer or an Excess Proceeds Offer in respect of any such Note (unless such notice has been withdrawn in accordance with Section 4.5 or 5.13), the Company may pay the same without surrender thereof except in the case of a mutilated Note. In every case the applicant for a substituted Note or for such payment shall furnish to the Company and to the Trustee such security or indemnity as may be required by them to save each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company and to the Trustee evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof. The Trustee shall authenticate any such substituted Note and deliver the same, or the Trustee or any Paying Agent of the Company shall make any such payment, upon the written request or authorization of any officer of the Company, and shall incur no liability to anyone by reason of anything done or omitted to be done by it in good faith under the provisions of this Section 2.

Mutilated. destroyed, lost or stolen Notes. In case any temporary or definitive Note shall become mutilated or be destroyed, lost or stolen, the Company, in the case of any mutilated Note shall, and in the case of any destroyed, lost or stolen Note in its discretion may, execute, and upon the Company's request the Trustee shall authenticate and deliver, a new Note bearing a number, letter or other distinguishing symbol not contemporaneously outstanding in exchange and substitution for the mutilated Note, or in lieu of and in substitution for the Note so destroyed, lost or stolen, or, instead of issuing a substituted Note if any such Note shall have matured or shall be about to mature or shall have been selected for redemption or if the Company shall have received a notice from Holders accepting a Change in Control Offer or an Offer in respect of Excess Proceeds Offer in respect of any such Note (unless such notice has been withdrawn in accordance with Section 4.5 or 5.13), the Company may pay the same without surrender thereof except in the case of a mutilated Note. In every case the applicant for a substituted Note or for such payment shall furnish to the Company and to the Trustee such security or indemnity as may be required by them to save each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company and to the Trustee evidence to their satisfaction of the destruction, loss or theft of such Note and of the ownership thereof. The Trustee shall authenticate any such substituted Note and deliver the same, or the Trustee or any Paying Agent of the Company shall make any such payment, upon the written request or authorization of any officer of the Company, and shall incur no liability to anyone by reason of anything done or omitted to be done by it in good faith under the provisions of this Section 2.