Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 36 contracts
Samples: Indenture (Cco Holdings LLC), Indenture (Cco Holdings Capital Corp), Indenture (Cco Holdings LLC)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication a Company Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of each of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 24 contracts
Samples: Indenture (Sunoco LP), Indenture (Regency Energy Partners LP), Indenture (Sunoco LP)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt the written order of the Issuer signed by an Authentication OrderOfficer of the Issuer, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 20 contracts
Samples: Indenture (Rock-Tenn Co of Texas), Indenture (Rock-Tenn CO), Indenture (Ryerson Holding Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 20 contracts
Samples: Supplemental Indenture (Compton Petroleum Holdings CORP), Indenture (Compton Petroleum Holdings CORP), Indenture (Axiall Corp/De/)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 18 contracts
Samples: Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Supplemental Indenture (Kraton Polymers LLC), Circus and Eldorado Joint (Circus & Eldorado Joint Venture)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of each of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 18 contracts
Samples: Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp)
Replacement Notes. If any a mutilated Note is surrendered to the Trustee Registrar, or if the Issuers and Holder of a Note claims that the Trustee receives evidence to its satisfaction of the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Issuers Company shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note 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’s requirements are met. If required by the Trustee or the IssuersCompany, such Holder shall furnish an indemnity or a security bond must be supplied by the Holder that is sufficient in the judgment of the Trustee Company and the Issuers Trustee to protect the IssuersCompany, the Trustee, any the Paying Agent and any authenticating agent the Registrar from any loss that which any of them may suffer if a Note is replaced. The Issuers Company and the Trustee may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Company and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately proportionally with all other Notes duly issued hereunder.
Appears in 18 contracts
Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 17 contracts
Samples: Supplemental Indenture (Avantor, Inc.), Indenture (Aramark), Indenture (Allison Transmission Holdings Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 16 contracts
Samples: Indenture (NXP Semiconductors N.V.), Indenture (Freescale Semiconductor, Ltd.), Supplemental Indenture (Freescale Semiconductor, Ltd.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses (including the expenses of the Trustee) in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 15 contracts
Samples: Indenture (Communications Sales & Leasing, Inc.), Indenture (Communications Sales & Leasing, Inc.), Indenture (Uniti Group Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 14 contracts
Samples: Wynn Resorts LTD, Wynn Las Vegas LLC, Indenture (Madison River Capital LLC)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 13 contracts
Samples: Indenture (Realogy Holdings Corp.), Indenture (Realogy Holdings Corp.), Indenture (Realogy Group LLC)
Replacement Notes. If any a mutilated Note is surrendered to the Trustee Registrar or if the Issuers and Holder of a Note claims that the Trustee receives evidence to its satisfaction of the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note 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’s requirements are met. If required by the Trustee or the Issuers, such Holder shall furnish an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee Issuers and the Issuers Trustee to protect the Issuers, the Trustee, any the Paying Agent and any authenticating agent the Registrar from any loss that which any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunderIssuers.
Appears in 13 contracts
Samples: Supplemental Indenture (Access Midstream Partners Lp), Indenture (Inergy L P), Indenture (Inergy L P)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 12 contracts
Samples: Supplemental Indenture (Cco Holdings Capital Corp), Indenture (Charter Communications, Inc. /Mo/), Indenture (Charter Communications Inc /Mo/)
Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer or (y) the Issuer and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, then the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 12 contracts
Samples: Indenture (Iqvia Holdings Inc.), Indenture (Iqvia Holdings Inc.), Indenture (Benefit Holding, Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 10 contracts
Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 9 contracts
Samples: Indenture (Sunnova Energy International Inc.), Indenture (TerraForm Power, Inc.), Supplemental Indenture (TerraForm Power, Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Company will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersCompany, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the (i) the Trustee and the Issuers to protect the IssuersTrustee and (ii) the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Company may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Company and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 9 contracts
Samples: Indenture (OFFSHORE GROUP INVESTMENT LTD), Indenture (Vantage International Management Pte Ltd.), Indenture (Vantage Drilling CO)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses (including the expenses of the Trustee) in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 9 contracts
Samples: Indenture (Hill-Rom Holdings, Inc.), Indenture (Microsemi Corp), Second Lien Intercreditor Agreement (Entercom Communications Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 9 contracts
Samples: Charter Communications Holdings LLC, Indenture (Charter Communications Inc /Mo/), Indenture (Cco Holdings Capital Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note of like tenor if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 8 contracts
Samples: Passu Intercreditor Agreement (BMC Stock Holdings, Inc.), Indenture (Community Choice Financial Inc.), Indenture (Community Choice Financial Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if the Trustee’s 's requirements for replacements of Notes are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 7 contracts
Samples: Intercreditor Agreement (Peninsula Gaming Corp), Indenture (Majestic Investor Capital Corp), Indenture (Majestic Star Casino LLC)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee and (ii) the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 7 contracts
Samples: Notes Purchase Agreement (Forbes Energy Services Ltd.), Indenture (Forbes Energy Services Ltd.), Indenture (Forbes Energy Services Ltd.)
Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer or (y) if the Issuer and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, then the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the IssuersTrustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may Issuer and the Trustee shall charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 7 contracts
Samples: Indenture (Alliant Energy Corp), Indenture (Michaels Companies, Inc.), Indenture (Superior Industries International Inc)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and/or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 7 contracts
Samples: Indenture (Tops Markets Ii Corp), Indenture (Zayo Group LLC), Indenture (Tops Holding Ii Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 7 contracts
Samples: Indenture (Ventas Inc), Indenture (Ventas Inc), Consent and Agreement (Premier Finance Biloxi Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required Upon written request for replacement of a Note by a Holder, the Trustee or and the Issuers, Issuers shall receive an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge the Holder for their its expenses in replacing a Note, with any expense of the Trustee to be reimbursed in accordance with the terms of this Indenture. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 7 contracts
Samples: Indenture (Endo International PLC), Indenture (Endo International PLC), Indenture (Endo International PLC)
Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers or (y) if the Issuers and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, then the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee to protect the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may and the Trustee shall charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 7 contracts
Samples: Indenture (Vine Energy Inc.), Indenture (Vine Resources Inc.), Indenture (Magnolia Oil & Gas Corp)
Replacement Notes. If any a mutilated Note is surrendered to the Trustee Registrar or if the Issuers and Holder of a Note claims that the Trustee receives evidence to its satisfaction of the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note 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’s requirements are met. If required by the Trustee or the Issuers, Such Holder shall furnish an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee Issuers and the Issuers Trustee to protect the Issuers, the Trustee, any Agent the Paying Agent, the Registrar and any authenticating agent co-registrar from any loss that which any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation Obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunderIssuers.
Appears in 6 contracts
Samples: Indenture (Bz Intermediate Holdings LLC), Indenture (Boise Inc.), Indenture (Bz Intermediate Holdings LLC)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements set forth in Section 2.2 are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge a Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 6 contracts
Samples: Indenture (Jack Cooper Holdings Corp.), Indenture (Jack Cooper Logistics, LLC), Carrols Restaurant Group, Inc.
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee and (ii) the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note, including reasonable fees and expenses of its counsel and of the Trustee and its counsel. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 6 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement, www.shelfdrilling.com
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 6 contracts
Samples: Indenture (Comdisco Holding Co Inc), Comdisco Inc, Comdisco Holding Co Inc
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s 's requirements hereunder are met. If required by the Trustee or the Issuerseither Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge the applicable Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 5 contracts
Samples: Calpine Corp, Calpine Corp, Delta Energy Center, LLC
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 5 contracts
Samples: Indenture (Charter Communications, Inc. /Mo/), Supplemental Indenture (Charter Communications, Inc. /Mo/), Fourth Supplemental Indenture (Charter Communications, Inc. /Mo/)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 5 contracts
Samples: Indenture (Nielsen Holdings PLC), Indenture (Nielsen Holdings PLC), Indenture (Nielsen Holdings PLC)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses (including the Trustee’s expenses) in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 5 contracts
Samples: Indenture (MGM Resorts International), Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 5 contracts
Samples: Security Agreement (Denali Holding Inc.), Indenture (Global Media USA, LLC), Base Indenture (Dell Technologies Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Samples: Indenture (Herbalife Nutrition Ltd.), Indenture (Interactive Health, Inc.), Supplemental Indenture (Herbalife Nutrition Ltd.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers and the Trustee receives evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Samples: Indenture (Avago Technologies LTD), Indenture (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Indenture (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Issuer Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge a Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Samples: Indenture (Salem Communications Corp /De/), Salem Media Group, Inc. /De/, Salem Media Group, Inc. /De/
Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the holder of a Note presents evidence to the satisfaction of the Issuers and the Trustee receives evidence to its satisfaction of that the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if the Trustee’s requirements of Section 8-405 of the New York Uniform Commercial Code as in effect on the date of this Indenture are met. If required by the Trustee or the Issuers, an An indemnity bond must or other security shall be supplied by the Holder required that is sufficient in the judgment of the Trustee Issuers and the Issuers Trustee to protect the Issuers, the Trustee, Trustee or any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuers and to the Trustee evidence to their satisfaction of the destruction, loss or theft of such Note and the ownership thereof. The Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunderIssuers.
Appears in 4 contracts
Samples: Indenture (Skyterra Communications Inc), Indenture (Skyterra Communications Inc), Harbinger Capital Partners Master Fund I, Ltd.
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Holder or Issuers satisfies the reasonable requirements of the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Samples: Indenture (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp), HCS Ii Inc
Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer or (y) if the Issuer and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, then the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may Issuer and the Trustee shall charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Samples: Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 4 contracts
Samples: Indenture (Realogy Corp), Indenture (Realogy Corp), Indenture (Domus Holdings Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Registrar and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Samples: Supplemental Indenture (Symbion Inc/Tn), Indenture (Symbion Inc/Tn), Usp Mission Hills, Inc.
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Samples: Alliance Laundry Holdings LLC, Alliance Laundry Holdings LLC, Club Regina Resorts Inc
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Samples: Supplemental Indenture (Koppers Holdings Inc.), Indenture (Koppers Holdings Inc.), Indenture (Berry Petroleum Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives and the Issuers receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss losses, claims, expenses and liabilities that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Samples: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication a Company Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of each of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes of the same series duly issued hereunder.
Appears in 3 contracts
Samples: Conveyance and Assumption Agreement (Targa Resources Partners LP), Conveyance and Assumption Agreement (Targa Resources Corp.), Conveyance and Assumption Agreement (Targa Resources Partners LP)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Issuer Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Samples: Indenture (Laureate Education, Inc.), Indenture (Laureate Education, Inc.), Indenture (Laureate Education, Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must 16 be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation Obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental the Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Samples: Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Samples: Indenture (Kraton Corp), Indenture (Nationstar Sub2 LLC), Indenture (Nationstar Sub1 LLC)
Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the holder of a Note presents evidence to the satisfaction of the Issuers and the Trustee receives evidence to its satisfaction of that the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if the Trustee’s requirements of Section 8-405 of the New York Uniform Commercial Code as in effect on the date of this Indenture are met. If required by the Trustee or the Issuers, an An indemnity bond must or other security shall be supplied by the Holder required that is sufficient in the judgment of the Trustee Issuers and the Issuers Trustee to protect the Issuers, the Trustee, Trustee or any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuers and to the Trustee evidence to their satisfaction of the destruction, loss or theft of such Note and the ownership thereof. The Issuers and the Trustee may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunderIssuers.
Appears in 3 contracts
Samples: Mobile Satellite (Skyterra Communications Inc), Skyterra Communications Inc, Harbinger Capital Partners Master Fund I, Ltd.
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 3 contracts
Samples: Supplemental Indenture (Charter Communications, Inc. /Mo/), Indenture (Charter Communications, Inc. /Mo/), Supplemental Indenture (Charter Communications, Inc. /Mo/)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer, the Trustee and the Agents may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Indenture (Acushnet Holdings Corp.), Papa Johns International Inc
Replacement Notes. If any mutilated Note note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Notenote, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note note is replaced. The Issuers may charge for their expenses in replacing a Notenote. Every replacement Note note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes notes duly issued hereunder.
Appears in 2 contracts
Samples: Indenture (Gogo Inc.), Indenture (Gogo Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or either of the Issuers and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Orderauthentication order in accordance with Section 2.2, shall authenticate a replacement Note if the Trustee’s requirements for replacement of Notes are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Trustee and the Issuers each may charge such Holder for their expenses in replacing a such Note. Every replacement Note is an additional legally binding obligation Obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt the written order of the Issuers signed by an Authentication OrderOfficer of each Issuer, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Indenture (Foamex International Inc), Indenture (Foamex Capital Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the IssuersTrustee and in the judgment of the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Indenture (Alpha Natural Resources, Inc.), Credit Agreement (Alpha Natural Resources, Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Indenture (Par Pacific Holdings, Inc.), Indenture (Par Pacific Holdings, Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their expenses its expenses, including the Trustee’s expenses, in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Indenture (Taylor Morrison Home Corp), Supplemental Indenture (Taylor Morrison Home Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note, including reasonable fees and expenses of counsel and of the Trustee and its counsel. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Indenture (MagnaChip Semiconductor LTD (United Kingdom)), Indenture (MagnaChip Semiconductor LTD (United Kingdom))
Replacement Notes. If any mutilated Note is surrendered to the Securities Registrar, Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their expenses in replacing a Note. Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Issuer’s and the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Intercreditor Agreement (Saratoga Resources Inc /Tx), Saratoga Resources Inc /Tx
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses (including expenses of the Trustee) incurred in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives receive evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Issuers’ and the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Interface Security Systems Holdings Inc, Interface Security Systems, L.L.C.
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of each of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Supplemental Indenture (Jagged Peak Energy Inc.), Indenture (Kodiak Gas Services, Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if the Trustee’s requirements for replacements of Notes are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee and (ii) the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Indenture (Majestic Holdco, LLC), Usec Inc
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives each receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if the Trustee’s requirements for replacements of Notes are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee and (ii) the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Security Agreement (United States Enrichment Corp), Pledge and Security Agreement (Centrus Energy Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of each of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Indenture (Archrock, Inc.), Indenture (Archrock Partners, L.P.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon the receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of each of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Indenture (Moog Inc.), Indenture (Moog Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, Security and/or an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss loss, claim or liability that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their expenses its expenses, including the Trustee’s expenses, in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Supplemental Indenture (Pitney Bowes Inc /De/), Supplemental Indenture (Pitney Bowes Inc /De/)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note of like tenor if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Indenture (Patheon Holdings Cooperatief U.A.), Indenture (Patheon Holdings Cooperatief U.A.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 2 contracts
Samples: Supplemental Indenture (Susser Holdings CORP), Supplemental Indenture (Susser Holdings CORP)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer, and the Issuer and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses (including the expenses of the Trustee) in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: National Crane Corp
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and Issuer or if the Trustee receives credible evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s standard requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers either Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: Appalachian Realty Co
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Issuer signed by two Officers of the Issuer, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: Corporate Express Delivery Systems Air Division Inc
Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer or (y) if the Issuer and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, then the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Orderauthentication order in accordance with Section 2.2 hereof, shall authenticate a replacement Note if the Trustee’s requirements for replacement of Notes are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Trustee and the Issuers each may charge such Holder for their expenses in replacing a such Note. Every replacement Note is an additional legally binding joint and several obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: Indenture (Listerhill Total Maintenance Center LLC)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of each of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: Indenture (PBF Logistics LP)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: Supplemental Indenture (Sensata Technologies Holding N.V.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: Indenture (Stargazer Productions)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and/or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: Indenture (GTT Communications, Inc.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Company will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersCompany, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Company to protect the IssuersCompany, the Guarantors, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Company may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Company and shall the Guarantors and will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: Memc Electronic Materials Inc
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: Indenture (Constellium N.V.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue execute and the Trustee, upon receipt of an Authentication Issuer Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge a Holder for their expenses in replacing a Note. Every replacement Note is shall be an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: Louisiana-Pacific Corp
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication a Company Order, shall will authenticate a replacement Note of the applicable series if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: DT Midstream, Inc.
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: Indenture (Midwest Generation LLC)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by NY\5800144.17 the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: Indenture (Vrio Corp.)
Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an a Company Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and/or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: Indenture (First Data Corp)
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Registrar and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: Select Specialty Hospital Topeka Inc
Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note issued pursuant to this Section 2.07 is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: Emergency Medical Services CORP
Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer or (y) the Issuer and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, then the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may Issuer and the Trustee shall charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract
Samples: Indenture (Staples Inc)
Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee Trustee, the applicable Registrar or the Issuers Issuer or (y) the Issuer and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, then the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.
Appears in 1 contract