Common use of Replacement Debentures Clause in Contracts

Replacement Debentures. If a mutilated Debenture is surrendered to the Trustee or if the Holder of a Debenture claims and submits to the Trustee an affidavit or other evidence, satisfactory to the Company and Trustee, to the effect that the Debenture has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Debenture if the Company's and the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Debenture is replaced. Upon the issuance of any new Debenture under this Section 2.7, 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. The provisions of this Section 2.7 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 Debentures. Every replacement Debenture is an additional obligation of the Company.

Replacement Debentures. If a mutilated Debenture is surrendered to the Trustee or if the Holder of a Debenture claims and submits to the Trustee an affidavit or other evidence, satisfactory to the Company and Trustee, to the effect that the Debenture has been lost, destroyed or wrongfully taken, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall issue and the Trustee shall authenticate a replacement Debenture if of like tenor and principal amount and bearing a number not contemporaneously outstanding; provided that the Company's and the Trustee's requirements of this Section 2.09 are met. If required by the Trustee or the Company, such Holder a surety bond must provide an indemnity bond or other indemnity, be furnished that is sufficient in the judgment of both the Company Trustee and the Trustee, Company to protect the Company, the Trustee or any Agent from any loss which that any of them may suffer if a Debenture is replaced. Upon The Company may charge such Holder for its expenses and the issuance expenses of the Trustee in replacing a Debenture. In case any new such mutilated, lost, destroyed or wrongfully taken Debenture under this Section 2.7has become or is about to become due and payable, the Company in its discretion may require the payment pay such Debenture instead of issuing a sum sufficient to cover any tax or other governmental charge that may be imposed new Debenture in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. The provisions of this Section 2.7 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 Debenturesthereof. Every replacement Debenture is an additional obligation of the CompanyCompany (in replacement of the obligation of the Company under the Debenture being replaced) and shall be entitled to the benefits of this Indenture.

Replacement Debentures. If a mutilated Debenture is surrendered to the Trustee or if the Holder of a Debenture claims and submits to the Trustee an affidavit or other evidence, satisfactory to the Company and Trustee, to the effect that the Debenture has been lost, destroyed or wrongfully taken, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall issue and the Trustee shall authenticate a replacement Debenture if of like tenor and principal amount and bearing a number not contemporaneously outstanding; provided that the Company's and the Trustee's requirements of this Section 2.09 are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, must be furnished that is sufficient in the judgment of both the Company Trustee and the Trustee, Company to protect the Company, the Trustee or any Agent from any loss which that any of them may suffer if a Debenture is replaced. Upon The Company may charge such Holder for its expenses and the issuance expenses of the Trustee in replacing a Debenture. In case any new such mutilated, lost, destroyed or wrongfully taken Debenture under this Section 2.7has become or is about to become due and payable, the Company in its discretion may require the payment pay such Debenture instead of issuing a sum sufficient to cover any tax or other governmental charge that may be imposed new Debenture in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. The provisions of this Section 2.7 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 Debenturesthereof. Every replacement Debenture is an additional obligation of the CompanyCompany and shall be entitled to the benefits of this Indenture.

Replacement Debentures. If a any mutilated Debenture is surrendered to the Trustee or if the Holder of a Debenture claims and submits to the Trustee an affidavit or other evidence, satisfactory to the Company and Trusteethe Trustee receives evidence to its satisfaction of the destruction, to the effect that the Debenture has been lost, destroyed loss or wrongfully takentheft of any Debenture, the Company shall will issue and the Trustee shall Trustee, upon receipt of an Authentication Order, will authenticate a replacement Debenture if the Company's requirements of Section 8-405 of the Uniform Commercial Code (or any successor statute thereto) are met, such that the Holder (a) satisfies the Company or the Trustee within a reasonable time after such Holder has notice of such loss, destruction or theft and the Registrar does not register a transfer prior to receiving such notification, (b) makes such request to the Company or the Trustee prior to the Debenture being acquired by a protected purchaser as defined in Section 8-303 of the Uniform Commercial Code (or any successor statute thereto) and (c) satisfies any other reasonable requirements of the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, must be supplied by the Holder that is sufficient in the judgment of both the Trustee and the Company and the Trustee, to protect the Company, the Trustee or Trustee, any Agent and any authenticating agent from any loss which that any of them may suffer if a Debenture is replaced. Upon the issuance of any new Debenture under this Section 2.7, the The Company may require the payment of charge for its expenses in replacing a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (Debenture, including the fees and expenses of counsel and the Trustee) connected therewith. The provisions of this Section 2.7 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 Debentures. Every replacement Debenture is an additional obligation of the CompanyCompany and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Debentures duly issued hereunder.

Replacement Debentures. If a mutilated Debenture is surrendered to the Trustee or if the Holder of a Debenture claims and submits to the Trustee an affidavit or other evidence, satisfactory to the Company and Trustee, to the effect that the Debenture has been lost, destroyed or wrongfully taken, subject to the terms of the next succeeding sentence, the Company shall issue and the Trustee Trustee, upon the receipt of a written order complying with Section 2.02, shall authenticate a replacement Debenture if the Company's and the Trustee's reasonable requirements for replacement Debentures are met. If required by the Trustee or the Company, such Holder must provide an affidavit of lost certificate and an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee Trustee, any Agent or any Authenticating Agent from any loss which any of them may suffer if a Debenture is replaced. Upon The Company and the issuance Trustee may charge such Holder for their out-of-pocket expenses in replacing a Debenture, including reasonable fees and expenses of any new Debenture under this Section 2.7counsel, the Company may require the payment of a sum sufficient to cover and for 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. The provisions of this Section 2.7 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 replacing such Debentures. Every replacement Debenture is shall constitute an additional obligation of the Company.