Common use of Replacement Notes Clause in Contracts

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall authenticate a replacement Note. An indemnity or a security bond may be required by the Issuer or the Trustee that is sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee or any Agent from any loss which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer and the Trustee may charge for its expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to replacement or payment of mutilated, lost, destroyed or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 17 contracts

Samples: Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.)

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Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Trustee Registrar or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement NoteNote in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. An indemnity or a security bond may be If required by the Issuer Trustee or the Trustee that is Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee or Trustee, the Paying Agent, the Transfer Agent, the Registrar and any Agent co-Registrar, and any authenticating agent, from any loss which that any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the The Issuer and the Trustee may charge the Holder for its their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lostdestroyed, destroyed lost or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 17 contracts

Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)

Replacement Notes. If a mutilated Note is surrendered to the Trustee Registrar or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee a Note claims that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee shall authenticate a replacement NoteNote if the requirements of Section 8-405 of the Uniform Commercial Code are met and the Holder satisfies any other reasonable requirements of the Trustee. An indemnity or a security bond may be If required by the Issuer Trustee or the Trustee that is Issuers, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer Issuers and the Trustee to protect the IssuerIssuers, the Trustee or any Trustee, the Paying Agent and the Registrar from any loss which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer The Issuers and the Trustee may charge the Holder for its their expenses in replacing a Note. In the event any such mutilatedNote shall have matured, lost, destroyed or wrongfully taken Note has become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note Note, the Issuers may direct the Trustee to pay the same without surrender thereof upon the Holder furnishing the Issuers and the Trustee with indemnity satisfactory to them and complying with such other reasonable regulations as the Issuers may prescribe and paying such reasonable expenses as the Issuer and the Trustee may incur in replacement thereof. The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to replacement or payment of mutilated, lost, destroyed or wrongfully taken Notesconnection therewith. Every replacement Note is an additional obligation of the IssuerIssuers.

Appears in 14 contracts

Samples: Indenture (Martin Midstream Partners L.P.), Indenture (Martin Midstream Partners L.P.), Indenture (Martin Midstream Partners L.P.)

Replacement Notes. If a mutilated certificated Note is surrendered to the Trustee Registrar or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee claims that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuers Order, authenticate a replacement NoteNote in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuers and any requirement of the Trustee. An indemnity or a security bond may be If required by the Issuer Trustee or the Trustee that is Issuers, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer Issuers and the Trustee to protect the IssuerIssuers, the Trustee or Trustee, the Paying Agent, the Transfer Agent, the Registrar and any Agent co-Registrar, and any authenticating agent from any loss which that any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer The Issuers and the Trustee may charge the Holder for its their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Issuers in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuers. The provisions of this Section 2.07 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lostdestroyed, destroyed lost or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 12 contracts

Samples: Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.)

Replacement Notes. If a mutilated Note is surrendered to the Trustee Registrar or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee a Note claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall authenticate a replacement Note. An indemnity or a security bond may be required by Note if the requirements of Section 8-405 of the Uniform Commercial Code are met, such that the Holder (a) satisfies the Issuer or the Trustee that is within a reasonable time after such Holder has notice of such loss, destruction or wrongful taking and the Registrar does not register a transfer prior to receiving such notification, (b) makes such request to the Issuer or the Trustee prior to the Note being acquired by a protected purchaser as defined in Section 8-303 of the Uniform Commercial Code (a “protected purchaser”) and (c) satisfies any other reasonable requirements of the Trustee. If required by the Trustee or the Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee or any Trustee, a Paying Agent and the Registrar from any loss which that any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the The Issuer and the Trustee may charge the Holder for its their expenses in replacing a Note (including, without limitation, attorneys’ fees and disbursements in replacing such Note). In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note is an additional obligation of the Issuer. The provisions of this Section 2.07 2.08 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lost, destroyed or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 10 contracts

Samples: Indenture (Intelsat S.A.), Indenture (Intelsat S.A.), Indenture (Intelsat S.A.)

Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Trustee Registrar or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement NoteNote in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. An indemnity or a security bond may be If required by the Issuer Trustee or the Trustee that is Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee or Trustee, the Security Agent, the Paying Agent, the Transfer Agent, the Registrar and any Agent co-Registrar, and any authenticating agent, from any loss which that any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the The Issuer and the Trustee may charge the Holder for its their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lostdestroyed, destroyed lost or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 6 contracts

Samples: Indenture (Carnival PLC), Indenture (Royal Caribbean Cruises LTD), Indenture (Carnival PLC)

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee claims that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee or Authenticating Agent shall authenticate authenticate, upon receipt of an Authentication Order, a replacement NoteNote if the Trustee’s or Authenticating Agent and Issuers’ requirements are met. An Such Holder shall provide an indemnity bond or a security bond may be required by the Issuer or the Trustee that is other indemnity, sufficient in the judgment of both the Issuer Issuers and the Trustee (and the Authenticating Agent, if applicable), to protect the IssuerIssuers, the Trustee or any Agent from any loss which that any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer and the Trustee The Issuers may charge such Holder for its out-of-pocket expenses in replacing a NoteNote pursuant to this Section 3.07, including fees and expenses of counsel and of the Trustee or Authenticating Agent. In Every replacement Note is an additional obligation of the event any such mutilated, lost, destroyed or wrongfully taken Note has become due Issuers and payable, every replacement Guarantee shall constitute an additional obligation of the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement Guarantor thereof. The provisions of this Section 2.07 3.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lost, destroyed or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 5 contracts

Samples: Supplemental Indenture (MPT Operating Partnership, L.P.), Seventeenth Supplemental Indenture (MPT Operating Partnership, L.P.), Fourteenth Supplemental Indenture (MPT Operating Partnership, L.P.)

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder presents evidence to the satisfaction of the Issuer Issuers and the Trustee that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee shall authenticate a replacement Note. An indemnity or a security bond may be required by the Issuer Issuers or the Trustee that is sufficient in the judgment of the Issuer Issuers and the Trustee to protect the IssuerIssuers, the Trustee or any Agent from any loss which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer Issuers and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer Issuers and the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuers. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become due and payable, the Issuer Issuers in its their discretion may pay such Note instead of issuing a new Note in replacement thereof. The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to replacement or payment of mutilated, lost, destroyed or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 5 contracts

Samples: Supplemental Indenture (Muzak Finance Corp), Supplemental Indenture (Muzak Finance Corp), Supplemental Indenture (Muzak Holdings Finance Corp)

Replacement Notes. If a mutilated certificated Note is surrendered to the Trustee Registrar or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement NoteNote in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. An indemnity or a security bond may be If required by the Issuer Trustee or the Trustee that is Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee or Trustee, the Paying Agent, the Transfer Agent, the Registrar and any Agent co-Registrar, and any authenticating agent from any loss which that any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the The Issuer and the Trustee may charge the Holder for its their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lostdestroyed, destroyed lost or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 5 contracts

Samples: Indenture (Ardagh Finance Holdings S.A.), Ardagh Group S.A., Indenture (T F Bell Holdings LTD)

Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Trustee Registrar or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement NoteNote in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. An indemnity or a security bond may be If required by the Issuer Trustee or the Trustee that is Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee or Trustee, the Security Agent, the Paying Agent, the Transfer Agent, the Registrar and any Agent co-Registrar, and any authenticating agent, from any loss which that any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the The Issuer and the Trustee may charge the Holder for its their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 ‎Section ‎2.07 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lostdestroyed, destroyed lost or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 5 contracts

Samples: Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.)

Replacement Notes. If a mutilated Note is surrendered to the Trustee Registrar or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee a Note claims that the Note has been lost, destroyed or wrongfully taken, the Issuer Company shall issue and the Trustee shall authenticate a replacement NoteNote of the same type if the requirements of Section 8-405 of the Uniform Commercial Code are met, such that the Holder (a) satisfies the Company or the Trustee within a reasonable time after such Holder has notice of such loss, destruction or wrongful taking and the Registrar does not register a transfer prior to receiving such notification, (b) makes such request to the Company or the Trustee prior to the Note being acquired by a protected purchaser as defined in Section 8-303 of the Uniform Commercial Code (a “protected purchaser”) and (c) satisfies any other reasonable requirements of the Trustee. An indemnity or a security bond may be If required by the Issuer Trustee or the Trustee that is Company, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and Trustee or the Trustee Company to protect the IssuerCompany, the Trustee or any Trustee, a Paying Agent and the Registrar from any loss which that any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer The Company and the Trustee may charge the Holder for its their expenses in replacing a Note (including without limitation, attorneys’ fees and disbursements in replacing such Note). In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Company in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note is an additional obligation of the Company. The provisions of this Section 2.07 2.08 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lost, destroyed or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 3 contracts

Samples: Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.)

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee a Note claims in writing that the Note has been lost, destroyed or wrongfully taken, then, in the Issuer absence of written notice to the Company upon its request or the Trustee that such Note has been acquired by a protected purchaser, the Company shall issue and the Trustee shall authenticate a replacement NoteNote of like tenor and principal amount and bearing a number not contemporaneously outstanding. An Except with respect to mutilated Notes, such Holder must provide an affidavit of lost certificate and an indemnity bond or a security bond may be required by the Issuer or the Trustee that is other indemnity, sufficient in the judgment of the Issuer and both (i) the Trustee to protect the IssuerTrustee and (ii) the Company to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer and the Trustee The Company may charge such Holder for its reasonable out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of its counsel and of the Trustee and its counsel. In the event case any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Company in its discretion may pay such Note instead of issuing a new Note in replacement thereof. The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to replacement or payment of mutilated, lost, destroyed or wrongfully taken Notes. Every replacement Note is shall constitute an additional obligation of the IssuerCompany, entitled to the benefits of this Indenture.

Appears in 3 contracts

Samples: Indenture, (Kratos Defense & Security Solutions, Inc.), Indenture, (American Apparel, Inc), Indenture, (Kratos Defense & Security Solutions, Inc.)

Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Trustee Registrar or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement NoteNote in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. An indemnity or a security bond may be If required by the Issuer Trustee or the Trustee that is Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee or Trustee, the Paying Agent, the Transfer Agent, the Registrar and any Agent co-Registrar, and any authenticating agent, from any loss which that any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the The Issuer and the Trustee may charge the Holder for its their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 ‎Section ‎2.07 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lostdestroyed, destroyed lost or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 2 contracts

Samples: Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.)

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee a Note claims in writing that the Note has been lost, destroyed or wrongfully taken, then, in the Issuer absence of written notice to the Issuers or the Trustee that such Note has been acquired by a protected purchaser, the Issuers shall issue and the Trustee shall authenticate a replacement NoteNote of like tenor and principal amount and bearing a number not contemporaneously outstanding if the Trustee’s requirements are met. An Except with respect to mutilated Notes, such Holder must provide an affidavit of lost certificate and an indemnity or a security bond may be required by the Issuer or the Trustee that is bond, sufficient in the judgment of both the Issuer Issuers and the Trustee Trustee, to protect the IssuerIssuers, the Trustee or any Agent from any loss which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer and the Trustee The Issuers may charge such Holder for its reasonable out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of its counsel and of the Trustee and its counsel. In the event case any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Issuers in its their discretion may pay such Note instead of issuing a new Note in replacement thereof. The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to replacement or payment of mutilated, lost, destroyed or wrongfully taken Notes. Every replacement Note is shall constitute an additional obligation of the IssuerIssuers, entitled to the benefits of this Indenture.

Appears in 1 contract

Samples: Indenture (United Maritime Group, LLC)

Replacement Notes. If a mutilated Note is surrendered to the Trustee Registrar or co-registrar or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee a Note claims that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee shall authenticate a replacement NoteNote if the requirements of Section 8-405 of the Uniform Commercial Code are met and the Holder satisfies any other reasonable requirements of the Trustee. An indemnity or a security bond may be If required by the Issuer Trustee or the Trustee that is Issuers, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer Issuers and the Trustee to protect the IssuerIssuers, the Trustee or any Trustee, the Paying Agent and the Registrar from any loss which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer The Issuers and the Trustee may charge the Holder for its their expenses in replacing a Note. In the event any such mutilatedNote shall have matured, lost, destroyed or wrongfully taken Note has become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note Note, the Issuers may direct the Trustee to pay the same without surrender thereof upon the Holder furnishing the Issuers and the Trustee with indemnity satisfactory to them and complying with such other reasonable regulations as the Issuers may prescribe and paying such reasonable expenses as the Issuer and the Trustee may incur in replacement thereof. The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to replacement or payment of mutilated, lost, destroyed or wrongfully taken Notesconnection therewith. Every replacement Note is an additional obligation of the IssuerIssuers.

Appears in 1 contract

Samples: Indenture (American Midstream Partners, LP)

Replacement Notes. If a mutilated certificated Note is surrendered to the Trustee ap- plicable Registrar or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Is- xxxx Order, authenticate a replacement NoteNote in such form as the Note mutilated, lost, destroyed or wrong- fully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of‌ the Trustee. An indemnity or a security bond may be If required by the Issuer Trustee or the Trustee that is sufficient Issuer, such Holder shall furnish an indemnity bond suffi- cient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee or Trustee, the Paying Agent, the Transfer Agent, the Registrar and any Agent co-Registrar, and any authenticating agent from any loss which that any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the The Issuer and the Trustee may charge the Holder for its expenses their expens- es in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lostdestroyed, destroyed lost or wrongfully wrongful- ly taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 1 contract

Samples: sec.report

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall shall, upon receipt of an Authentication Order, authenticate a replacement Note. An indemnity or a security bond may be required by the Issuer or the Trustee that is sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee or any Agent from any loss which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the The Issuer and the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to replacement or payment of mutilated, lost, destroyed or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 1 contract

Samples: Indenture (Muzak Heart & Soul Foundation)

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder presents evidence to the satisfaction of the Issuer Issuers and the Trustee that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee shall authenticate a replacement Note. An indemnity or a security bond may be required by the Issuer Issuers or the Trustee that is sufficient in the judgment of the Issuer Issuers and the Trustee to protect the IssuerIssuers, the Trustee or any Agent from any loss which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer Issuers and to the Trustee evidence to their the satisfaction of the Issuers and the Trustee of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer Issuers and the Trustee may charge for its expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become due and payable, the Issuer Issuers in its their discretion may pay such Note instead of issuing a new Note in replacement thereof. The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to replacement or payment of mutilated, lost, destroyed or wrongfully taken Notes. Every replacement Note is an additional obligation of the IssuerIssuers.

Appears in 1 contract

Samples: Indenture (Stonemor Partners Lp)

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Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Trustee Registrar or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement NoteNote in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. An indemnity or a security bond may be If required by the Issuer Trustee or the Trustee that is Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee or Trustee, the Collateral Agent, the Paying Agent, the Transfer Agent, the Registrar and any Agent co-Registrar, and any authenticating agent, from any loss which that any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the The Issuer and the Trustee may charge the Holder for its their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lostdestroyed, destroyed lost or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 1 contract

Samples: Indenture (Lindblad Expeditions Holdings, Inc.)

Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Trustee Registrar or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement NoteNote in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. An indemnity or a security bond may be If required by the Issuer Trustee or the Trustee that is Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee or Trustee, the Collateral Trustee, the Paying Agent, the Transfer Agent, the Registrar and any Agent co-Registrar, and any authenticating agent, from any loss which that any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the The Issuer and the Trustee may charge the Holder for its their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lostdestroyed, destroyed lost or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 1 contract

Samples: Indenture (Lindblad Expeditions Holdings, Inc.)

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall authenticate a replacement Note. An indemnity or a security bond may be required by the Issuer or the Trustee that is sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee or any Agent from any loss which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the The Issuer and the Trustee may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to replacement or payment of mutilated, lost, destroyed or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 1 contract

Samples: Indenture (Muzak LLC)

Replacement Notes. If a mutilated Note is surrendered to the Issuers, the Trustee or the Registrar or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee a Note claims that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee upon receipt of a Company Order shall authenticate a replacement NoteNote if the Holder satisfies any other reasonable requirements of the Trustee. An indemnity or a security bond may be If required by the Issuer Trustee, the Registrar or the Trustee that is Issuers, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer Issuers and the Trustee to protect the IssuerIssuers, the Trustee or any Trustee, the Paying Agent and the Registrar from any loss which any of them may suffer if a Note is replaced. In every case of destruction, loss or theftThe Issuers, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer Registrar and the Trustee may charge the Holder for its their expenses in replacing a Note. In the event any such mutilatedNote shall have matured, lost, destroyed or wrongfully taken Note has become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note Note, the Issuers may direct the Trustee to pay the same without surrender thereof upon the Holder furnishing the Issuers and the Trustee with indemnity satisfactory to them and complying with such other reasonable regulations as the Issuers may prescribe and paying such reasonable expenses as the Issuer and the Trustee may incur in replacement thereof. The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to replacement or payment of mutilated, lost, destroyed or wrongfully taken Notesconnection therewith. Every replacement Note is an additional obligation of the IssuerIssuers.

Appears in 1 contract

Samples: Indenture (Calumet Specialty Products Partners, L.P.)

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee a Note claims in writing that the Note has been lost, destroyed or wrongfully taken, then, in the absence of written notice to the Issuer upon its request or the Trustee that such Note has been acquired by a protected purchaser, the Issuer shall issue and the Trustee shall authenticate a replacement NoteNote of like tenor and principal amount and bearing a number not contemporaneously outstanding if the Trustee’s requirements are met. An indemnity or a security bond may be Except with respect to mutilated Notes, if required by the Issuer Trustee or the Trustee that is Issuer, such Holder must provide an affidavit of lost certificate and an indemnity bond or other indemnity, sufficient in the judgment of both the Issuer and the Trustee Trustee, to protect the Issuer, the Trustee or any Agent from any loss which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the The Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer and the Trustee may charge such Holder for its reasonable out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of its counsel and of the Trustee and its counsel. In the event case any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to replacement or payment of mutilated, lost, destroyed or wrongfully taken Notes. Every replacement Note is shall constitute an additional obligation of the Issuer, entitled to the benefits of this Indenture.

Appears in 1 contract

Samples: Intercreditor and Subordination Agreement (Edgen Murray PLC)

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee a Note claims in writing that the Note has been lost, destroyed or wrongfully taken, then, in the absence of written notice to the Issuer or the Trustee that such Note has been acquired by a protected purchaser, the Issuer shall issue and the Trustee shall authenticate a replacement NoteNote of like tenor and principal amount at maturity and bearing a number not contemporaneously outstanding if the Trustee’s requirements are met. An Except with respect to mutilated Notes, such Holder must provide an affidavit of lost certificate and an indemnity or a security bond may be required by the Issuer or the Trustee that is bond, sufficient in the judgment of both the Issuer and the Trustee Trustee, to protect the Issuer, the Trustee or any Agent from any loss which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the The Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer and the Trustee may charge such Holder for its reasonable out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of its counsel and of the Trustee and its counsel. In the event case any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to replacement or payment of mutilated, lost, destroyed or wrongfully taken Notes. Every replacement Note is shall constitute an additional obligation of the Issuer, entitled to the benefits of this Indenture.

Appears in 1 contract

Samples: Indenture (Verrazano,inc.)

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee a Note claims in writing that the Note has been lost, destroyed or wrongfully taken, then, in the Issuer absence of written notice to the Company upon its request or the Trustee that such Note has been acquired by a protected purchaser, the Company shall issue and the Trustee shall authenticate a replacement NoteNote of like tenor and principal amount and bearing a number not contemporaneously outstanding. An Except with respect to mutilated Notes, such Holder must provide an affidavit of lost certificate and an indemnity bond or a security bond may be required by the Issuer or the Trustee that is other indemnity, sufficient in the judgment of the Issuer and both (i) the Trustee to protect the IssuerTrustee and (ii) the Company to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer and the Trustee The Company may charge such Holder for its reasonable out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of its counsel and of the Trustee and its counsel. In the event case any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Company in its their discretion may pay such Note instead of issuing a new Note in replacement thereof. The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to replacement or payment of mutilated, lost, destroyed or wrongfully taken Notes. Every replacement Note is shall constitute an additional obligation of the IssuerCompany, entitled to the benefits of this Indenture.

Appears in 1 contract

Samples: Intercreditor Agreement (Green Field Energy Services, Inc.)

Replacement Notes. If a mutilated certificated Note is surrendered to the Trustee Registrar or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee claims that the Note has been lost, destroyed or wrongfully taken, the Issuer Issuers shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuers Order, authenticate a replacement NoteNote in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuers and any requirement of the Trustee. An indemnity or a security bond may be If required by the Issuer Trustee or the Trustee that is Issuers, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer Issuers and the Trustee to protect the IssuerIssuers, the Trustee or Trustee, the Paying Agent, the Transfer ​ ​ Agent, the Registrar and any Agent co-Registrar, and any authenticating agent from any loss which that any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer The Issuers and the Trustee may charge the Holder for its their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Issuers in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuers. The provisions of this Section 2.07 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lostdestroyed, destroyed lost or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 1 contract

Samples: Indenture (Ardagh Group S.A.)

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee a Note claims in writing that the Note has been lost, destroyed or wrongfully taken, then, in the Issuer absence of written notice to the Issuers upon their request or the Trustee that such Note has been acquired by a protected purchaser, the Issuers shall issue and the Trustee shall authenticate a replacement NoteNote of like tenor and principal amount and bearing a number not contemporaneously outstanding if the Trustee's requirements are met. An indemnity or a security bond may be Except with respect to mutilated Notes, if required by the Issuer Trustee or the Trustee that is Issuers, such Holder must provide an affidavit of lost certificate and an indemnity bond or other indemnity, sufficient in the judgment of both the Issuer Issuers and the Trustee Trustee, to protect the IssuerIssuers, the Trustee or any Agent from any loss which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer and the Trustee The Issuers may charge such Holder for its reasonable out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of its counsel and of the Trustee and its counsel. In the event case any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Issuers in its their discretion may pay such Note instead of issuing a new Note in replacement thereof. The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to replacement or payment of mutilated, lost, destroyed or wrongfully taken Notes. Every replacement Note is shall constitute an additional obligation of the IssuerIssuers, entitled to the benefits of this Indenture.

Appears in 1 contract

Samples: Indenture (MRS Fields Financing Co Inc)

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee a Note claims in writing that the Note has been lost, destroyed or wrongfully taken, then, in the Issuer absence of written notice to the Issuers upon their request or the Trustee that such Note has been acquired by a protected purchaser, the Issuers shall issue and the Trustee shall authenticate a replacement NoteNote of like tenor and principal amount and bearing a number not contemporaneously outstanding if the Trustee’s requirements are met. An indemnity or a security bond may be Except with respect to mutilated Notes, if required by the Issuer Trustee or the Trustee that is Issuers, such Holder must provide an affidavit of lost certificate and an indemnity bond or other indemnity, sufficient in the judgment of both the Issuer Issuers and the Trustee Trustee, to protect the IssuerIssuers, the Trustee or any Agent from any loss which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the Issuer and the Trustee The Issuers may charge such Holder for its reasonable out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of its counsel and of the Trustee and its counsel. In the event case any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer Issuers in its their discretion may pay such Note instead of issuing a new Note in replacement thereof. The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to replacement or payment of mutilated, lost, destroyed or wrongfully taken Notes. Every replacement Note is shall constitute an additional obligation of the IssuerIssuers, entitled to the benefits of this Indenture.

Appears in 1 contract

Samples: Indenture, (Tcby of Australia, Inc.)

Replacement Notes. If a mutilated Definitive Registered Note is surrendered to the Trustee Registrar or if the Holder presents evidence to the satisfaction of the Issuer and the Trustee claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall issue and the Trustee shall (or shall direct the authenticating agent to), upon receipt of an Issuer Order, authenticate a replacement NoteNote of the same series in such form as the Note mutilated, lost, destroyed or wrongfully taken if the Holder satisfies any other reasonable requirements of the Issuer and any requirement of the Trustee. An indemnity or a security bond may be If required by the Issuer Trustee or the Trustee that is Issuer, such Holder shall furnish an indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee or Trustee, the Security Agent, the Paying Agent, the Transfer Agent, the Registrar and any Agent co-Registrar, and any authenticating agent, from any loss which that any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the destruction, loss or the theft of such Note and the ownership thereof. Each of the The Issuer and the Trustee may charge the Holder for its their expenses in replacing a Note. In the event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note shall be an additional obligation of the Issuer. The provisions of this Section 2.07 are exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lostdestroyed, destroyed lost or wrongfully taken Notes. Every replacement Note is an additional obligation of the Issuer.

Appears in 1 contract

Samples: Supplemental Indenture (Norwegian Cruise Line Holdings Ltd.)

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