Common use of Replacement Notes Clause in Contracts

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

Appears in 6 contracts

Samples: Indenture (Broadcom Inc.), Indenture (Broadcom Inc.), Indenture (Broadcom Inc.)

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

Appears in 6 contracts

Samples: Indenture (Energy Future Intermediate Holding CO LLC), Collateral Trust Agreement (Energy Future Intermediate Holding CO LLC), Collateral Trust Agreement (EFIH Finance Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuer and the Trustee receives evidence to each of their its satisfaction of the destruction, loss or theft of any Note, the Issuer will shall issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, 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 Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss, liability or expense loss that any of them may suffer if a Note is replaced. The Issuer may charge for 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 obligation of the Issuer and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 6 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement, www.shelfdrilling.com

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

Appears in 5 contracts

Samples: Indenture (Meredith Corp), Supplemental Indenture (Meredith Corp), Indenture (Time Inc.)

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

Appears in 5 contracts

Samples: Indenture (Western Refining, Inc.), Indenture (Toys R Us Inc), Indenture (Hca Inc/Tn)

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

Appears in 4 contracts

Samples: Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)

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

Appears in 4 contracts

Samples: Indenture (Brinker International, Inc), Indenture (PROG Holdings, Inc.), Indenture (Vertiv Holdings Co)

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

Appears in 4 contracts

Samples: Intercreditor Agreement (Tronox Holdings PLC), Tronox Holdings PLC, Tronox LTD

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

Appears in 4 contracts

Samples: Indenture (Black Knight, Inc.), SS&C Technologies Holdings Inc, Registration Rights Agreement (SS&C Technologies Holdings Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Issuer and Company or the Trustee receives evidence to each of their its satisfaction of the destruction, loss or theft of any Note, the Issuer will Company shall issue and the Trustee, upon receipt of an Authentication Orderauthentication order in accordance with Section 2.2, will shall authenticate a replacement Note if the Trustee’s 's requirements for replacement of Notes are met. If required by the Trustee or the IssuerCompany, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Trustee and the Issuer to protect the IssuerCompany, the Trustee, any Agent and any authenticating agent from any loss, liability or expense loss that any of them may suffer if a Note is replaced. The Issuer Trustee and the Company each may charge such Holder for its their expenses in replacing a such Note. Every replacement Note is an additional obligation of the Issuer Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Davis-Standard CORP), Indenture (Davis-Standard CORP), Town Sports International Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuer Issuers and the Trustee receives evidence to each of their its satisfaction of the destruction, loss or theft of any Note, the Issuer Issuers will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required Upon written request for replacement of a Note by a Holder, the Trustee or and the Issuer, 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 Trustee and the Issuer to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss, liability or expense loss that any of them may suffer if a Note is replaced. The Issuer Issuers may charge the Holder for its their 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 obligation of the Issuer Issuers and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Supplemental Indenture (Endo International PLC), Paying Agent (Endo International PLC), Horizon Pharma (Horizon Pharma PLC)

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

Appears in 3 contracts

Samples: Indenture (J Crew Group Inc), Indenture (J Crew Group Inc), Credit Agreement (J Crew Group Inc)

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

Appears in 3 contracts

Samples: Indenture (Energy Future Intermediate Holding CO LLC), Energy Future Intermediate Holding CO LLC, Energy Future Intermediate Holding CO LLC

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

Appears in 3 contracts

Samples: Indenture, Indenture, Indenture

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

Appears in 2 contracts

Samples: Indenture (West Corp), Indenture (West Corp)

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

Appears in 2 contracts

Samples: GoDaddy Inc., GoDaddy Inc.

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

Appears in 2 contracts

Samples: Supplemental Indenture (Endo International PLC), Indenture (Endo Health Solutions Inc.)

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

Appears in 2 contracts

Samples: Indenture (HHG Distributing, LLC), Indenture (Hhgregg, Inc.)

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

Appears in 2 contracts

Samples: Indenture (Huntsman International LLC), Indenture (Venator Materials PLC)

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

Appears in 2 contracts

Samples: Indenture (New Fortress Energy Inc.), Indenture (New Fortress Energy Inc.)

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

Appears in 2 contracts

Samples: Ryerson Holding Corp, Ryerson International Material Management Services, Inc.

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

Appears in 2 contracts

Samples: Indenture (Handy & Harman Ltd.), WHX Corp

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

Appears in 2 contracts

Samples: Indenture (Douglas Dynamics, Inc), Indenture (Douglas Dynamics, Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either of the Issuer and Issuers or the Trustee receives evidence to each of their its satisfaction of the destruction, loss or theft of any Note, the Issuer will Issuers shall issue and the Trustee, upon receipt of an Authentication Orderauthentication order in accordance with Section 2.2 hereof, will shall authenticate a replacement Note if the Trustee’s 's requirements for replacement of Notes are met. If required by the Trustee or the Issuer, 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 Trustee and the Issuer to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss, liability or expense loss that any of them may suffer if a Note is replaced. The Issuer Trustee and the Issuers each may charge such Holder for its their expenses in replacing a such Note. Every replacement Note is an additional obligation of the Issuer Issuers and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Superior Essex Inc, Securities Purchase Agreement (Aas Capital Corp)

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

Appears in 2 contracts

Samples: Securities Purchase Agreement (DMW Worldwide Inc), Dimac Holdings Inc

Replacement Notes. (a) If any mutilated Note is surrendered to the Registrar, the Trustee or the Issuer and the Trustee receives evidence to each of their its satisfaction of the destruction, loss or theft of any Note, the Issuer will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee to protect the Trustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating authentication agent from any loss, liability or expense loss that any of them may suffer if a Note is replaced. The Issuer may charge the Holder for its expenses in replacing a Note, including reasonable fees and expenses of counsel. Every replacement In the event of any such mutilated, lost, destroyed or wrongfully taken Note has become or is an additional obligation of about to become due and payable, the Issuer and will be entitled to all in its discretion may pay such Note instead of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderissuing a new Note in replacement thereof.

Appears in 2 contracts

Samples: Indenture (Sappi LTD), Indenture (Sappi LTD)

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

Appears in 2 contracts

Samples: Supplemental Indenture (Herbalife Ltd.), Indenture (Herbalife Nutrition Ltd.)

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

Appears in 2 contracts

Samples: Indenture (Petco Holdings Inc), Indenture (Petco Holdings Inc)

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

Appears in 2 contracts

Samples: Indenture (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)

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

Appears in 2 contracts

Samples: HCA Holdings, Inc., HCA Holdings, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Registrar, the Issuer and the Trustee receives receive evidence to each of their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s and the Issuer’s requirements are met. If required by the Trustee or the Issuer, 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 Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss, liability or expense loss that any of them may suffer if a Note is so replaced. The Issuer may charge for its expenses (including the expenses of the Trustee) in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderunder this Indenture.

Appears in 2 contracts

Samples: Supplemental Indenture (Fortress Transportation & Infrastructure Investors LLC), Fortress Transportation & Infrastructure Investors LLC

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

Appears in 2 contracts

Samples: Indenture (American Finance Trust, Inc), Indenture (Global Net Lease, Inc.)

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

Appears in 2 contracts

Samples: Ryerson Holding Corp, Ryerson International Material Management Services, Inc.

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

Appears in 2 contracts

Samples: Indenture (Broadcom Cayman L.P.), Indenture (Broadcom LTD)

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

Appears in 1 contract

Samples: American Woodmark Corp

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

Appears in 1 contract

Samples: HCA Holdings, Inc.

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

Appears in 1 contract

Samples: Indenture (Michaels Stores Inc)

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

Appears in 1 contract

Samples: HCA Healthcare, Inc.

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

Appears in 1 contract

Samples: Indenture (SeaWorld Entertainment, Inc.)

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

Appears in 1 contract

Samples: HCA Holdings, Inc.

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

Appears in 1 contract

Samples: HCA Holdings, Inc.

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

Appears in 1 contract

Samples: Indenture (National Mentor Holdings, Inc.)

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

Appears in 1 contract

Samples: Suspension Covenants (Endo, Inc.)

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

Appears in 1 contract

Samples: Indenture (Toys R Us Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuer Registrar, the Issuers and the Trustee receives receive evidence to each of their its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuer will Issuers shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s and the Issuers’ requirements are met. If required by the Trustee or the Issuer, 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 Trustee and the Issuer to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss, liability or expense loss that any of them may suffer if a Note is so replaced. The Issuer Issuers may charge for its their expenses (including the expenses of the Trustee) in replacing a Note. Every replacement Note is an additional a contractual obligation of the Issuer Issuers and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderunder this Indenture.

Appears in 1 contract

Samples: CONDUENT Inc

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

Appears in 1 contract

Samples: HCA Holdings, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Issuer and Company or the Trustee receives evidence to each of their its satisfaction of the destruction, loss or theft of any Note, the Issuer will Company shall issue and the Trustee, upon receipt of an Authentication OrderOrder in accordance with Section 2.2, will shall authenticate a replacement Note if the Trustee’s requirements for replacement of Notes are met. If required by the Trustee or the IssuerCompany, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Trustee and the Issuer to protect the IssuerCompany, the Trustee, any Agent and any authenticating agent from any loss, loss or liability or expense that any of them may suffer if a Note is replaced. The Issuer Trustee and the Company may each charge the Holder for its their expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (MxEnergy Holdings Inc)

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

Appears in 1 contract

Samples: HCA Healthcare, Inc.

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

Appears in 1 contract

Samples: Supplemental Indenture (Oasis Midstream Partners LP)

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

Appears in 1 contract

Samples: Indenture (Shop Vac Corp)

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

Appears in 1 contract

Samples: Base Indenture (HCA Healthcare, Inc.)

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

Appears in 1 contract

Samples: HCA Holdings, Inc.

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

Appears in 1 contract

Samples: HCA Healthcare, Inc.

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

Appears in 1 contract

Samples: HCA Holdings, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuer Issuers and the Trustee receives evidence to each of their its satisfaction of the destruction, loss or theft of any Note, the Issuer Issuers will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note of like tenor and principal amount, bearing a number not contemporaneously outstanding, if the Trustee’s requirements are met. If required by the Trustee or the Issuer, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee to protect the Trustee and in the Issuer judgment of the Issuers to protect the Issuer, the TrusteeIssuers, any Agent and any authenticating agent from any loss, liability or expense loss that any of them may suffer if a Note is replaced. The Issuer Issuers may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Issuer Issuers and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Partnership in its discretion may, instead of issuing a new Note, pay such Note.

Appears in 1 contract

Samples: Supplemental Indenture (CVR Partners, Lp)

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

Appears in 1 contract

Samples: Indenture (Anchor Holdings Inc)

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

Appears in 1 contract

Samples: HCA Healthcare, Inc.

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

Appears in 1 contract

Samples: Base Indenture (HCA Holdings, Inc.)

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

Appears in 1 contract

Samples: Indenture (Yankee Holding Corp.)

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

Appears in 1 contract

Samples: Indenture (QGOG Constellation S.A.)

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

Appears in 1 contract

Samples: Indenture (Bloomin' Brands, Inc.)

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

Appears in 1 contract

Samples: Indenture (CDW Corp)

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

Appears in 1 contract

Samples: Indenture (Cogent Communications Holdings, Inc.)

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

Appears in 1 contract

Samples: Indenture (Sinclair Broadcast Group Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuer Issuers and the Trustee receives evidence to each of their its satisfaction of the destruction, loss or theft of any Note, the Issuer will issue and the TrusteeIssuers shall issue, and, upon receipt of an Authentication Order, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Trustee and the Issuer to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent Authenticating Agent from any loss, liability or expense loss that any of them may suffer if a Note is replaced. The Issuer Issuers and the Trustee may charge for its their expenses in replacing a Note. Every replacement Note issued in accordance with this Section 2.7 is an additional obligation of the Issuer Issuers and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Mobile Storage Group Inc)

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

Appears in 1 contract

Samples: Entercom Communications Corp

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

Appears in 1 contract

Samples: HCA Holdings, Inc.

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

Appears in 1 contract

Samples: HCA Holdings, Inc.

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

Appears in 1 contract

Samples: Additional Intercreditor Agreement (Orion Engineered Carbons S.a r.l.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuer Issuers and the Trustee receives evidence to each of their its satisfaction of the destruction, loss or theft of any Note, the Issuer Issuers will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuerIssuers, 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 Issuer Issuers to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss, liability or expense loss that any of them may suffer if a Note is replaced. The Issuer Issuers may charge for 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 obligation of the Issuer Issuers and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Supplemental Indenture (PRETIUM CANADA Co)

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

Appears in 1 contract

Samples: HCA Holdings, Inc.

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

Appears in 1 contract

Samples: Indenture (Sinclair Broadcast Group Inc)

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

Appears in 1 contract

Samples: HCA Healthcare, Inc.

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

Appears in 1 contract

Samples: Supplemental Indenture (Rivian Automotive, Inc. / DE)

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

Appears in 1 contract

Samples: Indenture (Cogent Communications Group Inc)

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

Appears in 1 contract

Samples: Senior Subordinated Notes Indenture (ASC Acquisition LLC)

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

Appears in 1 contract

Samples: HCA Holdings, Inc.

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

Appears in 1 contract

Samples: Allbritton Communications Co

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

Appears in 1 contract

Samples: HCA Healthcare, Inc.

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

Appears in 1 contract

Samples: Supplemental Indenture (Avantor, Inc.)

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

Appears in 1 contract

Samples: HCA Holdings, Inc.

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

Appears in 1 contract

Samples: Indenture (Kemet Corp)

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

Appears in 1 contract

Samples: HCA Healthcare, Inc.

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

Appears in 1 contract

Samples: Indenture (Walter Energy, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either of the Issuer and Issuers or the Trustee receives evidence to each of their its satisfaction of the destruction, loss or theft of any Note, the Issuer will Issuers shall issue and the Trustee, upon receipt of an Authentication Orderauthentication order in accordance with Section 2.2 hereof, will shall authenticate a replacement Note if the Trustee’s requirements for replacement of Notes are met. If required by the Trustee or the Issuer, 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 Trustee and the Issuer to protect the IssuerIssuers, the Trustee, any Agent and any authenticating agent from any loss, liability or expense loss that any of them may suffer if a Note is replaced. The Issuer Trustee and the Issuers each may charge such Holder for its their expenses in replacing a such Note. Every replacement Note is an additional obligation of the Issuer Issuers and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Oak Ridger LLC)

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

Appears in 1 contract

Samples: Indenture (MGC Communications Inc)

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

Appears in 1 contract

Samples: Indenture (Clear Channel Communications Inc)

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

Appears in 1 contract

Samples: HCA Healthcare, Inc.

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