Common use of Replacement Notes Clause in Contracts

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 156 contracts

Samples: Indenture (Post Holdings, Inc.), Indenture (Viking Holdings LTD), Indenture (Surgical Specialties UK Holdings LTD)

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Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 142 contracts

Samples: Indenture (Vail Resorts Inc), Emcore Corp, Indenture (Amkor International Holdings, LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 61 contracts

Samples: Trico Marine Services (Trico Marine Services Inc), Indenture (Metaldyne Corp), Execution Copy (M & F Worldwide Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company Issuers will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the CompanyIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company Issuers may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company Issuers and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 38 contracts

Samples: Indenture (Express Parent LLC), Indenture (NGL Energy Partners LP), Indenture (SunCoke Energy Partners, L.P.)

Replacement Notes. If any a mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to if a Holder claims that its satisfaction of the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Company will issue and the Trustee, upon receipt of an Authentication Order, Trustee will authenticate a replacement Note if of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Trustee’s requirements are metCompany and entitled to the benefits of the Indenture. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company, Company and the Trustee, any Agent and any authenticating agent Trustee from any loss that any of them they may suffer if a Note is replaced. The Company may charge the Holder for its the expenses of the Company and the Trustee in replacing a Note. Every replacement In case the mutilated, lost, destroyed or wrongfully taken Note has become or is an additional obligation of about to become due and payable, the Company and will be entitled to all in its discretion may pay the Note instead of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderissuing a replacement Note.

Appears in 30 contracts

Samples: Indenture (Ipalco Enterprises, Inc.), Indenture (Digitalglobe Inc), Supplemental Indenture (Neenah Foundry Co)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Company signed by two Officers of the Company, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 23 contracts

Samples: Indenture (L-3 Communications Cincinnati Electronics CORP), L 3 Communications Holdings Inc, Indenture (L 3 Communications Holdings Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 16 contracts

Samples: Indenture (Nova Biosource Fuels, Inc.), Indenture (Nova Biosource Fuels, Inc.), Indenture (Thornburg Mortgage Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt the written order of the Company signed by an Authentication OrderOfficer of the Company, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 15 contracts

Samples: Supplemental Indenture (Supermarket Cigarette Sales Inc), Supplemental Indenture (MST Enterprises Inc), Indenture (Albecca Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 14 contracts

Samples: Indenture (Pacific Environmental Group Inc /Pa), Indenture (Furon Co), Indenture (Komag Inc /De/)

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 13 contracts

Samples: Indenture (Texas Industries Inc), Indenture (IMI of Arlington, Inc.), Indenture (Wackenhut Corrections Corp)

Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the Holder of a Note presents evidence to the satisfaction of the Company and the Trustee receives evidence to its satisfaction of that the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will Trustee shall authenticate a replacement Note if the Trustee’s requirements are met. If An indemnity bond or other security or indemnity may be required by the Company and/or the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Company and/or the Trustee to protect, indemnify and the Company to protect hold harmless the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that (however remote) which any of them may suffer if a Note is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of counsel. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.

Appears in 12 contracts

Samples: Indenture (Lamar Advertising Co/New), Indenture (McClatchy Co), Lamar Advertising Co/New

Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the Company and Holder of a Note claims that the Trustee receives evidence to its satisfaction of the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will authenticate shall authenticate, or cause the Authenticating Agent to authenticate, a replacement Note if the Company’s and the Trustee’s requirements are met. If required by the The Trustee or the Company, Company may require an indemnity bond must to be supplied by the Holder that furnished which is sufficient in the judgment of the Trustee and the Company both to protect the Company, the Trustee, and any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge such Holder for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits benefit of this Indenture equally and proportionately with any and all other Notes duly issued hereunderNotes.

Appears in 9 contracts

Samples: Indenture (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc), Indenture (O-I Glass, Inc. /DE/)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will Trustee shall authenticate a replacement Note if the Trustee’s 's requirements for replacements of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company or the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 9 contracts

Samples: Indenture (American Restaurant Group Inc), Indenture (Atlantic Express Transportation Corp), Indenture (Louisiana Casino Cruises Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Trustee or the Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 8 contracts

Samples: Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Company signed by two Officers of the Company, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 8 contracts

Samples: Indenture (RWBV Acquisition Corp), Indenture (Ames Department Stores Inc), Indenture (Ames Department Stores Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 7 contracts

Samples: Supplemental Indenture (Sensata Technologies Holding N.V.), Supplemental Indenture (Sensata Technologies Holding N.V.), Indenture (Sensata Technologies Holland, B.V.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company or the Trustee may charge for its their expenses in replacing a Note, which may include any expenses of the Trustee. Every replacement Note is an additional a contractual obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 7 contracts

Samples: Indenture (Concordia Healthcare Corp.), Indenture (Concordia Healthcare Corp.), Indenture (Concordia International Corp.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Company’s and the Trustee’s reasonable requirements for the replacements of Notes are met. If required by the Trustee or the Company, an An indemnity bond must shall be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge for its expenses (including fees and expenses of the Trustee) in replacing a Note. Every replacement Note is shall be an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 7 contracts

Samples: Indenture (Landrys Restaurants Inc), Indenture (Science Craftsman INC), Indenture (Salant Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 6 contracts

Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its expenses in replacing a Note. Every replacement Note issued in accordance with this Section 2.07 is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 6 contracts

Samples: Paying Agent (MTS Systems Corp), Indenture (Emergent BioSolutions Inc.), Escrow Agreement (Itron Inc /Wa/)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss loss, liability or expense that any of them may suffer if a Note is replacedreplaced and subsequently presented or claimed for payment. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 6 contracts

Samples: Indenture (Swift Transportation Co), Indenture (Vector Group LTD), Indenture (Vector Group LTD)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Company signed by two Officers of the Company, will shall authenticate a replacement Note if the Trustee’s requirements for replacements of Notes are met. If required by the Trustee The Holder must supply indemnity or the Company, an indemnity bond must be supplied by the Holder that is security sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their fees and expenses in replacing a NoteNote including amounts to cover any tax, assessment, fee or other governmental charge that may be imposed in relation thereto. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.

Appears in 6 contracts

Samples: Indenture (McClatchy Co), Indenture (Lee Enterprises, Inc), Indenture (Reddy Ice Holdings Inc)

Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Company or (y) the Company and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge the Holder for its their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 5 contracts

Samples: Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements hereunder are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the applicable Holder for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 5 contracts

Samples: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note of the same Series if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note of any Series is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes of that Series duly issued hereunder.

Appears in 5 contracts

Samples: Indenture (Genco Shipping & Trading LTD), Indenture (Genco Shipping & Trading LTD), Indenture (Genco Shipping & Trading LTD)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note issued pursuant to this Section 2.07 is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 5 contracts

Samples: Indenture (Atwood Mobile Products Inc), Execution Copy (Mark I Molded Plastics of Tennessee Inc), Indenture (Mark I Molded Plastics of Tennessee Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Indenture (Coeur D Alene Mines Corp), Indenture (Coeur Mining, Inc.), Indenture (Coeur Mining, Inc.)

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Indenture (Brigham Exploration Co), Indenture (Brigham Exploration Co), Indenture (Uno of Victor, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture Agreement equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Epmr Corp, Amerco /Nv/, Amerco /Nv/

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note, including Trustee’s expenses. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Indenture (Sabre Corp), Intercreditor Agreement (Sabre Corp), Indenture (Sabre Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: License Agreement (Finlay Fine Jewelry Corp), License Agreement (Finlay Enterprises Inc /De), License Agreement (Finlay Fine Jewelry Corp)

Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the Holder of a Note presents evidence to the satisfaction of the Company and the Trustee receives evidence to its satisfaction of that the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will Trustee shall authenticate a replacement Note (and the Guarantors shall execute a guarantee thereon) if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the such Holder that is sufficient in the judgment of the Trustee Company and the Company Trustee to protect the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of counsel. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.

Appears in 4 contracts

Samples: Indenture (MWC Acquisition Sub Inc), Covenants (Hayes Wheels International Inc), Covenants (Hayes Lemmerz International Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an affidavit of loss and indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Indenture (Cca Properties of America LLC), Corrections Corp of America, Corrections Corp of America

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Indenture (Titan International Inc), Mortgage, Security Agreement (Titan International Inc), Mortgage, Security Agreement (Titan International Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company Issuer will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the CompanyIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuer to protect the CompanyIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company Issuer may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company Issuer and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Indenture (Superior Energy Services Inc), Indenture (Superior Energy Services Inc), Indenture (Superior Energy Services Inc)

Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements for replacement of Notes are met. If required by the Trustee or the Company, such Holder must provide an affidavit of lost certificate and an indemnity bond must be supplied by the Holder that is or other indemnity, sufficient in the judgment of both the Trustee Company and the Company Trustee, to protect the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of counsel. Every replacement Note is shall constitute an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderGuarantors.

Appears in 4 contracts

Samples: Registration Rights Agreement (Management Solutins Inc/), Management Solutins Inc/, Tokheim Corp

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Toys R Us Property Co II, LLC, Toys R Us Property Co I, LLC, Toys R Us Inc

Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Company or (y) if the Company and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, then the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge the Holder for its their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Indenture (Carters Inc), Indenture (Carters Inc), Indenture (Stericycle Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Charter Communications Inc /Mo/), Charter Communications Inc /Mo/, Charter Communications Inc /Mo/

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Ritchie Bros Auctioneers Inc), Tennant Company (Tennant Co), Special Mandatory Redemption (Global Crossing LTD)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture hereof equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Supplemental Indenture (Diamondback Energy, Inc.), Indenture (Bonanza Creek Energy, Inc.), Supplemental Indenture (Bonanza Creek Energy, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note of the same series if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Harland Financial Solutions, Inc.), Harland Clarke Holdings Corp, Harland Clarke Holdings Corp

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's and the Company's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Wdra Food Service Inc, Klingel Carpenter Mortuary Inc, Stewart Enterprises Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company or the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), cdn.investorcloud.net

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (ExamWorks Group, Inc.), Indenture (Verity Administrators, Inc.), Saxon Capital Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee to protect the Trustee and in the judgment of the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (MultiPlan Corp), Indenture (MultiPlan Corp), Indenture (MultiPlan Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the reasonable judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Intercreditor and Collateral Agency Agreement (RBX Corp), Indenture (RBX Corp), RBX Corp

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Company and will shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Supplemental Indenture (Wyndham Hotels & Resorts, Inc.), First Supplemental Indenture (Wyndham Worldwide Corp), First Supplemental Indenture (Wyndham Hotels & Resorts, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will Trustee shall authenticate a replacement Note if the Company's and the Trustee’s 's reasonable requirements for the replacements of Notes are met. If required by the Trustee or the Company, an indemnity bond must shall be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company and the Trustee may charge the Holder for its their expenses in replacing a Note. Every replacement Note is shall be an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.

Appears in 3 contracts

Samples: Indenture (Goss Holdings Inc), Goss Holdings Inc, Goss Graphic Systems Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Supplemental Indenture (Exopack Holding Corp), Security and Control Agreement (Icahn Enterprises Holdings L.P.), Indenture (Icahn Enterprises Holdings L.P.)

Replacement Notes. If any a mutilated Note is surrendered to the Trustee Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee receives evidence to its satisfaction or any Authenticating Agent of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will Trustee shall authenticate a replacement Note if the Trustee’s Registrar's requirements are met. If required by the Trustee Registrar or the Company, such Holder must provide an affidavit of lost certificate and an indemnity bond must be supplied by the Holder that is sufficient or other indemnity, sufficient, in the judgment of both the Trustee Company and the Company Registrar, to protect the Company, the Trustee, Trustee and any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of counsel. Every replacement Note is shall constitute an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.

Appears in 3 contracts

Samples: Supplemental Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Each of the Company and the Trustee may charge for its expenses in replacing a Note. Every replacement Note issued in accordance with this Section 2.09 is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Parker Drilling Co /De/), Indenture (Parker Drilling Co /De/), Parker Drilling Co /De/

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses (including the fees and expenses of the Trustee) in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (B&G Foods, Inc.), Supplemental Indenture (B&G Foods, Inc.), Supplemental Indenture (B&G Foods, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note note if the Trustee’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note, including Trustee’s expenses. Every replacement Note note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Sabre Corp), Intercreditor Agreement (Sabre Corp), Intercreditor Agreement (Sabre Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note, including reasonable fees and expenses of the Trustee. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Continental Airlines Inc /De/), United Air Lines Inc, United Air Lines Inc

Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the Holder of a Note presents evidence to the satisfaction of the Company and the Trustee receives evidence to its satisfaction of that the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will Trustee shall authenticate a replacement Note if the Trustee’s 's requirements are met. If An indemnity bond may be required by the Trustee Company or the Company, an indemnity bond must be supplied by the Holder Trustee that is sufficient in the judgment of the Trustee Company and the Company Trustee to protect the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of counsel. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.

Appears in 3 contracts

Samples: Indenture (Outdoor Systems Inc), Lamar Advertising Co, Lamar Advertising Co/New

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Company's and the Trustee’s 's reasonable requirements for the replacements of Notes are met. If required by the Trustee or the Company, an An indemnity bond must shall be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge for its expenses (including fees and expenses of the Trustee) in replacing a Note. Every replacement Note is shall be an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Esterline Technologies Corp, Indenture (Armor Holdings Inc), Indenture (O Charleys Inc)

Replacement Notes. If any a mutilated Note is surrendered to the Trustee Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are metmet and the Holder satisfies any other reasonable requirements of the Trustee. If required by the Trustee or the Company, such Holder shall furnish an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee Company and the Company Trustee to protect the Company, the Trustee, any Agent the Paying Agent, the Registrar and any authenticating agent co-registrar from any loss that which any of them may suffer if a Note is replaced. The Company and the Trustee may charge the Holder for its their expenses in replacing a Note. Every replacement Note is an additional obligation Obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.

Appears in 3 contracts

Samples: Indenture (Sun Healthcare Group Inc), SHG Holding Solutions Inc, Leasehold Resource Group LLC

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the reasonable judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their reasonable expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Infinity Inc), Infinity Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company or the Trustee may charge for its their expenses in replacing a Note, which may include any expenses of the Trustee. Every replacement Note is an additional a contractual obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Hudbay Minerals Inc.), Indenture (Hudbay Minerals Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Section 2.8.

Appears in 2 contracts

Samples: Allegiant Travel CO, Allegiant Travel CO

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Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note of the same series if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Indenture Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Revlon Consumer Products Corp), Revlon Consumer Products Corp

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Supplemental Indenture (Istar Financial Inc), Supplemental Indenture (Istar Financial Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and Company, or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Intercreditor Agreement (CPM Holdings, Inc.), CPM Holdings, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Company and will shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Third Supplemental Indenture (W R Grace & Co), Indenture (W R Grace & Co)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for its the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Teleflex Inc), Indenture (Teleflex Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or either of the Company and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Company signed by two Officers of the Company, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be is supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any each Agent and any each authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation Obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.

Appears in 2 contracts

Samples: Supplemental Indenture (Capstar Hotel Co), Supplemental Indenture (Meristar Hospitality Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will Trustee shall authenticate a replacement Note if the Company's and the Trustee’s 's reasonable requirements for the replacements of Notes are met. If required by the Trustee or the Company, an indemnity bond must shall be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is shall be an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.

Appears in 2 contracts

Samples: Purchase Agreement (CVS Corp), Nations Title Co Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Paramount Resources LTD, Paramount Resources LTD

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Company, and the Trustee receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Reliant Energy Solutions LLC), Indenture (Reliant Energy Solutions LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company Company, the Parent Guarantor and will the Subsidiary Guarantors and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Xm Satellite Radio Inc, Xm Satellite Radio Holdings Inc

Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements for replacement of the Notes are met. If required by the Trustee or the Company, such Holder must provide satisfactory evidence of such loss, destruction or taking, and an indemnity bond must be supplied by the Holder that is or other indemnity of reasonable tenor, sufficient in the reasonable judgment of the Trustee Company and the Company Trustee, to protect the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. Every replacement Note shall constitute an obligation of the Company. The Company and the Trustee each may charge such Holder for its expenses in replacing a such Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Universal Compression Holdings Inc, Universal Compression Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Finova Group Inc), Pledge and Security Agreement (Finova Group Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company issued as evidence of the same underlying indebtedness as the replaced Note and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Covenants (360networks Inc), 360networks Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Orderthe Company's written order signed by two Officers, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the CompanyCompany requires it, the Holder must supply an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation Obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.

Appears in 2 contracts

Samples: Indenture (Gfsi Inc), Indenture (Gfsi Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company evidencing the same debt as the destroyed, lost or stolen Note and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Carmike Cinemas Inc), Indenture (Carmike Cinemas Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Authority and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will Authority shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are metin accordance with this Indenture. If required by the Trustee or the CompanyAuthority, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Authority to protect the CompanyAuthority, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company Authority may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company Authority and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Mohegan Tribal Gaming Authority (Mohegan Tribal Gaming Authority), Mohegan Tribal Gaming Authority

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Each of the Company and, as contemplated by Section 7.07 hereof, the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Builders FirstSource-MBS, LLC, Builders FirstSource, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its expenses in replacing a Note. Every replacement Note issued in accordance with this Section 2.07 is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Paying Agent (Patrick Industries Inc), Paying Agent (American Woodmark Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company Issuers will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Johnstone Tank Trucking Ltd.), Indenture (Johnstone Tank Trucking Ltd.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee and the Company receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss losses, claims, expenses and liabilities that any of them may suffer if a Note is replaced. The Company may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Wyndham Hotels & Resorts, Inc.), Indenture (Wyndham Worldwide Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss or liability that any of them may suffer if a Note is replacedreplaced and subsequently presented or claimed for payment. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Residential Capital, LLC), Residential Capital, LLC

Replacement Notes. (a) If any mutilated Note is surrendered to the a Trustee or the Company and the such Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the a Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee Trustees and the Company to protect the Company, the TrusteeTrustees, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for its any expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Companies and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will Companies shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Companies to protect the CompanyCompanies, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company Companies may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation Obligation of the Company Companies and will shall be entitled to all of the benefits of this Indenture Agreement equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Amerco /Nv/), Indenture (Sac Holding Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the TrusteeAuthenticating Agent, upon receipt of an Authentication a Company Order, will authenticate a replacement Note of the same Series if the Trustee’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture Indenture, equally and proportionately proportionately, with all other Notes Securities of the Series duly issued hereunder.

Appears in 2 contracts

Samples: Trust Indenture and Security Agreement (Korth Direct Mortgage Inc.), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a 32 replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Sensata Technologies Holding PLC, Sensata Technologies Holding PLC

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its reasonable out-of-pocket expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Dresser Inc), Symons Corp

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Company signed by two Officers of the Company, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (National Oilwell Inc), National Oilwell Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If reasonably required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the reasonable judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company or the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Sterling Chemical Inc, Sterling Chemical Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Emcore Corp), Indenture (Interamericas Communications Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the TrusteeTrustee or authenticating agent, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture hereof equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Supplemental Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent Agent, and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Sunbeam Corp/Fl/), Indenture (Sterling Chemical Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication a Company Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the The Trustee or the Company, Company may require that the Holder supply an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.

Appears in 2 contracts

Samples: Indenture (Icf Kaiser International Inc), Systems Applications International Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Ordera written authentication order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its reasonable out-of-pocket expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Etesting Labs Inc, Ziff Davis Intermediate Holdings Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee and the Company receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Supplemental Indenture (Rackspace Hosting, Inc.), Indenture (Plantronics Inc /Ca/)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss or liability that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Paperweight Development Corp, Appleton Papers Inc/Wi

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note issued in accordance with this Section 2.07, is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Simmons Co, Simmons Co /Ga/

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt the written order of the Company signed by an Authentication OrderOfficer of the Company, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.)

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