Common use of Replacement Notes Clause in Contracts

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will issue and the Trustee will authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and entitled to the benefits of this Indenture. The requesting Holder must furnish an indemnity that is sufficient in the judgment of both the Trustee and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. (a) If a any mutilated Note is surrendered to the Trustee or if a Holder claims that the Company and the Trustee receives evidence to its Note has been lostsatisfaction of the destruction, destroyed loss or wrongfully takentheft of any Note, the Company will shall issue and the Trustee will Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstandingif the Trustee’s requirements are met. Every replacement Note is an additional obligation of An indemnity bond must be supplied by the Company and entitled to the benefits of this Indenture. The requesting Holder must furnish an indemnity that is sufficient in the judgment of both the Trustee and the Company to protect the Company Company, the Trustee, any Agent and the Trustee any authenticating agent from any loss they that any of them may suffer if a Note is replaced. The Company may charge the Holder for the its expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will issue and the Trustee will authenticate a replacement Note of like terms, tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and entitled to the benefits of this Indenture. The requesting Holder must furnish If required by the Trustee or the Company, an indemnity must be furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee Registrar or if the Holder of a Holder Note claims that its the Note has been lost, destroyed or wrongfully taken, the Company will shall issue and the Trustee will authenticate shall authenticate, upon receipt of an Authentication Order, a replacement Security. If required by the Trustee or the Company, such Holder shall furnish an indemnity bond sufficient in the judgment of the Company and the Trustee to protect the Company, the Trustee, the Paying Agent, the Registrar and any co-registrar from any loss which any of them may suffer if a Note of like tenor is replaced. The Company and principal amount and bearing the Trustee may charge the Holder for their expenses in replacing a number not contemporaneously outstandingNote. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture. The requesting Holder must furnish an indemnity that is sufficient in the judgment of both the Trustee Indenture equally and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Noteproportionately with all other Notes duly issued hereunder.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will issue and the Trustee will authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and entitled to the benefits of this Indenture. The requesting Holder must furnish If required by the Trustee or the Company, an indemnity must be furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. (a) If a any mutilated Note is surrendered to the Trustee or if a Holder claims that the Company and the Trustee receives evidence to its Note has been lostsatisfaction of the destruction, destroyed loss or wrongfully takentheft of any Note, the Company will issue and the Trustee Trustee, upon receipt of a Company Order, will authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstandingif the Trustee’s requirements are met. Every replacement Note is an additional obligation of An indemnity bond must be supplied by the Company and entitled to the benefits of this Indenture. The requesting Holder must furnish an indemnity that is sufficient in the judgment of both the Trustee and the Company to protect the Company Company, the Trustee, any Agent and the Trustee any authenticating agent from any loss they that any of them may suffer if a Note is replaced. The Company may charge the Holder for the its expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will issue and the Trustee will authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and entitled to the benefits of this the Indenture. The requesting Holder must furnish If required by the Trustee or the Company, an indemnity must be furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company and the Trustee may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will issue and the Trustee will authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and entitled to the benefits of this Indenture. The requesting Holder must furnish If required by the Trustee or the Company, an indemnity must be furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company and the Trustee may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will shall issue and the Trustee will shall authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and entitled to the benefits of this Indenture. The requesting Holder must furnish If required by the Trustee or the Company, an indemnity must be furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee Registrar or if the Holder of a Holder Note claims that its the Note has been lost, destroyed or wrongfully taken, the Company will shall issue and the Trustee will authenticate shall authenticate, upon receipt of an Authentication Order, a replacement security. If required by the Trustee or the Company, such Holder shall furnish an indemnity bond sufficient in the judgment of the Company and the Trustee to protect the Company, the Trustee, the Paying Agent, the Registrar and any co-registrar from any loss which any of them may suffer if a Note of like tenor is replaced. The Company and principal amount and bearing the Trustee may charge the Holder for their expenses in replacing a number not contemporaneously outstandingNote. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture. The requesting Holder must furnish an indemnity that is sufficient in the judgment of both the Trustee Indenture equally and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Noteproportionately with all other Notes duly issued hereunder.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will issue and the Trustee will authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and entitled to the benefits of this Indenture. The requesting Holder must furnish If required by the Trustee or the Company, an indemnity or security must be furnished that is sufficient in the judgment of both the Trustee to protect itself and in the judgment of the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company and the Trustee may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or the Company or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will issue and the Trustee will authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and entitled to the benefits of this the Indenture. The requesting Holder must furnish If required by the Trustee or the Company, an indemnity must be furnished by the Holder that is sufficient in the judgment of both the Trustee and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder of a Holder Note claims that its the Note has been lost, destroyed or wrongfully taken, the Company will shall issue and execute and the Trustee will shall authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstandingif the Trustee's requirements are met. Every replacement Note is an additional obligation of If required by the Company and entitled to Trustee or the benefits of this Indenture. The requesting Company, such Holder must furnish provide an affidavit of lost certificate and an indemnity that is bond or other indemnity, sufficient in the judgment of both the Trustee Company and the Company Trustee, to protect the Company and Company, the Trustee or any Agent from any loss they which any of them may suffer if a Note is replaced. The Company may charge the such Holder for the its reasonable out-of-pocket expenses of the Company and the Trustee in replacing a Note. In case , including reasonable fees and expenses of the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due Trustee and payable, counsel and the Trustee may charge the Company for the Trustee's reasonable out-of-pocket expenses in its discretion may pay replacing such Note. Every replacement Note shall constitute an additional Obligation of the Note instead of issuing a replacement NoteCompany.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will issue and the Trustee will authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and entitled to the benefits of this the Indenture. The requesting Holder must furnish If required by the Trustee or the Company, an indemnity must be furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company Company, any Paying Agent and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will issue and the Trustee will authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and entitled to the benefits of this the Indenture. The requesting Holder An indemnity must furnish an indemnity be furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder of a Holder Note claims that its the Note has been lost, destroyed or wrongfully taken, the Company will shall issue and the Trustee will shall authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstandingif the Trustee's requirements are met. Every replacement Note is an additional obligation of If required by the Company and entitled to Trustee or the benefits of this Indenture. The requesting Company, such Holder must furnish provide an indemnity that is bond or other indemnity, sufficient in the judgment of both the Trustee Company and the Company Trustee, to protect the Company and Company, the Trustee or any Paying Agent or Registrar from any loss they which any of them may suffer if a Note is replaced. The Company may charge the such Holder for the its reasonable, out-of-pocket expenses of the Company and the Trustee in replacing a Note, including reasonable fees and expenses of counsel. In case Every replacement Note is an additional obligation of the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement NoteCompany.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will issue and the Trustee will authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and entitled to the benefits of this the Indenture. The requesting Holder must furnish an indemnity that is sufficient in the judgment of both the Trustee and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will issue and the Trustee will authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and entitled to the benefits of this Indenture. The requesting Holder If required by the Trustee or the Company, security or indemnity must furnish an indemnity be furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder of a Holder Note claims that its the Note has been lost, destroyed or wrongfully taken, the Company will shall issue and upon its request the Trustee will shall authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstandingif the Trustee's requirements are met. Every replacement Note is an additional obligation of If required by the Company and entitled to Trustee or the benefits of this Indenture. The requesting Company, such Holder must furnish provide an affidavit of lost certificate and an indemnity that is bond or other indemnity, sufficient in the judgment of both the Trustee Company and the Company Trustee, to protect the Company and Company, the Trustee or any Agent from any loss they which any of them may suffer if a Note is replaced. The Company may charge the such Holder for the its reasonable, out-of-pocket expenses of the Company and the Trustee in replacing a Note, including reasonable fees and expenses of counsel. In case Every replacement Note shall constitute an additional obligation of the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement NoteCompany.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will issue and the Trustee will authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and entitled to the benefits of this the Indenture. The requesting Holder If required by the Trustee or the Company, a lost note affidavit and indemnity must furnish an indemnity be furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder of a Holder Note claims that its the Note has been lost, destroyed or wrongfully taken, the Company will shall issue and the Trustee will shall authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstandingif the Trustee's requirements are met. Every replacement Note is an additional obligation of If required by the Company and entitled to Trustee or the benefits of this Indenture. The requesting Com- pany, such Holder must furnish provide an affidavit of lost certificate and an indemnity that is bond or other indemnity, sufficient in the judgment of both the Trustee Company and the Company Trustee, to protect the Company and Company, the Trustee or any Agent from any loss they which any of them may suffer if a Note is replaced. The Company may charge the such Holder for the its reasonable, out-of-pocket expenses of the Company and the Trustee in replacing a Note, including reasonable fees and expenses of counsel. In case Every replacement Note shall constitute an additional obligation of the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement NoteCompany.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will issue and the Trustee will authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and entitled to the benefits of this Indenture. The requesting Holder must furnish If required by the Trustee or the Company, an indemnity bond must be furnished that is sufficient in the judgment of both the Trustee for itself and the Company for itself to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will issue and the Trustee will authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and the Guarantors and entitled to the benefits of this Indenture. The requesting Holder must furnish If required by the Trustee or the Company, an indemnity must be furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder of a Holder Note claims that its the Note has been lost, destroyed or wrongfully taken, the Company will shall issue and the Trustee will shall authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstandingif the Trustee's reasonable requirements are met. Every replacement Note is an additional obligation of If required by the Company and entitled to Trustee or the benefits of this Indenture. The requesting Company, such Holder must furnish provide an affidavit of lost certificate and an indemnity that is bond or other indemnity, sufficient in the judgment of both the Trustee Company and the Company Trustee, to protect the Company and Company, the Trustee or any Agent from any loss they which any of them may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee may charge such Holder for their out-of-pocket expenses in replacing a Note, including reasonable fees and expenses of counsel, and for any tax that may be imposed in replacing such Notes. In case Every replacement Note shall constitute an additional obligation of the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement NoteCompany.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will issue and the Trustee will authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and entitled to the benefits of this Indenture. The requesting Holder must furnish If required by the Trustee or the Company, an indemnity (or bond) must be furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee Registrar or if the Holder of a Holder Note claims that its the Note has been lost, destroyed or wrongfully taken, the Company will shall issue and the Trustee will shall authenticate a replacement Note if the Holder satisfies any other reasonable requirements of like tenor the Trustee. If required by the Registrar or the Company, such Holder shall furnish an indemnity bond sufficient in the judgment of the Registrar, the Trustee and principal amount the Company to protect the Company, the Trustee, the Paying Agent and bearing the Registrar from any loss which any of them may suffer if a number not contemporaneously outstandingNote is replaced. The Company and the Trustee may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture. The requesting Holder must furnish an indemnity that is sufficient in the judgment of both the Trustee Indenture equally and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Noteproportionately with all other Notes duly issued hereunder.

Replacement Notes. If the Holder of a mutilated Note is surrendered to the Trustee or if a Holder claims that its the Note has been lost, destroyed or wrongfully takentaken or if such Note is mutilated and is surrendered to the Trustee, the Company will shall issue and the Trustee will shall authenticate a replacement Note if the Trustee'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 like tenor the Trustee and principal amount the Company to protect the Company, the Trustee, any Agent and bearing any authenticating agent from any loss that any of them may suffer if a number not contemporaneously outstandingNote is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture. The requesting Holder must furnish an indemnity that is sufficient in the judgment of both the Trustee Indenture equally and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Noteproportionately with all other Notes duly issued hereunder.

Replacement Notes. If the Holder of a mutilated Note is surrendered to the Trustee or if a Holder claims that its the Note has been mutilated, lost, destroyed or wrongfully taken, the Company will shall issue and the Trustee will shall authenticate a replacement Note if the requirements of like tenor and principal amount and bearing Section 8-405 of the New York Uniform Commercial Code are met and, in the case of a number not contemporaneously outstanding. Every replacement mutilated Note, such mutilated Note is an additional obligation of the Company and entitled surrendered to the benefits of this IndentureTrustee. The requesting Holder must furnish If required by the Trustee or the Company, an indemnity that is sufficient bond must be sufficient, in the judgment of both the Trustee and the Company both, to protect the Company and Company, the Trustee Trustee, or any Agent from any loss they which any of them may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee may charge for their expenses in replacing a Note. In case the any such mutilated, lost, destroyed or wrongfully taken Note Notes has become or is about to become due and payable, the Company in its discretion may pay the Note may, instead of issuing a new Note, pay such Note when due. Every replacement NoteNote is an Obligation of the Company.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken, the Company will issue and the Trustee will authenticate a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. Every replacement Note is an additional obligation of the Company and entitled to the benefits of this Indenture. The requesting Holder An indemnity must furnish an indemnity be furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company and the Trustee from any loss they may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. In case the mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may pay the Note instead of issuing a replacement Note.