Common use of Replacement Notes Clause in Contracts

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of such Note, the Company shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in case any mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a the Holder claims that its the Note has been lost, destroyed or wrongfully taken and taken, then, in the absence of written notice to the Company or the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of that such NoteNote has been acquired by a protected purchaser, the Company shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if of like tenor and principal amount and bearing a number not contemporaneously outstanding; provided that the Trustee’s requirements of this Section 2.09 are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided by the Holder furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the such Holder for its expenses and the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in In case any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, may pay such Note instead of issuing a new Note, pay such NoteNote in replacement thereof. Every replacement Note is an additional obligation of the Company and each Subsidiary Guarantor and shall be entitled to the benefits of this Indenture.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder of a Holder Note claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that its the Note has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of such Notetaken, the Company shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if the Trustee’s 's requirements are otherwise met. If required by the Trustee or the Company, such Holder must provide an indemnity bond must be provided by the Holder that is or other indemnity, sufficient in the judgment of both the Trustee Company and the Company Trustee, to protect the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge the such Holder for the its reasonable, out-of-pocket expenses of the Company and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in In case any such mutilated, lostdestroyed, destroyed lost or wrongfully taken stolen Note has become or is about to become due and payable, the Company in its discretion discretion, may, instead of issuing a new Note, pay such Note, upon satisfaction of the conditions set forth in the preceding paragraph. Every new Note issued pursuant to this Section 2.7 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and such new Note shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section 2.7 are exclusive and shall preclude (to the extent lawful) all other rights and remedies of any Holder with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Replacement Notes. If a any mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed the Company or wrongfully taken and the Trustee receives evidence to its satisfaction of the ownership and lossdestruction, destruction loss or theft of such any Note, the Company shall issue and the Trustee, upon receipt of an Authentication a Company Order, shall authenticate a replacement Note if the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge the Holder for the their expenses of the Company and the Trustee in replacing a Note (including, with limitation, attorneys’ fees and disbursements in replacing such Note). In the event any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company may pay such Note instead of issuing a new Note in replacement thereof. Every replacement Note is a contractual an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing The provisions of this Section 2.07, in case any 2.09 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lostdestroyed, destroyed lost or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Notestolen Notes.

Replacement Notes. If a any mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken the Company and the Trustee receives evidence to its satisfaction of the ownership and lossdestruction, destruction loss or theft of such any Note, the Company shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for the its expenses of the Company and the Trustee in replacing a Note. In case any such mutilated, destroyed, lost or stolen Note had become or is about to become due and payable, the Company, in its discretion, may, instead of issuing a new Note, pay such Note, upon satisfaction of the conditions set forth in the preceding paragraph. Every replacement Note is a contractual an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing The provisions of this Section 2.07, in case 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies of any Holder with respect to the replacement or payment of mutilated, lostdestroyed, destroyed lost or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such stolen Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a the Holder claims that its the Note has been lost, destroyed or wrongfully taken and taken, then, in the absence of notice to the Company or the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of that such NoteNote has been acquired by a protected purchaser, the Company shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if of like tenor and principal amount and bearing a number not contemporaneously outstanding; provided that the Trustee’s requirements of this Section 2.09 are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided by the Holder furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the such Holder for its expenses and the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in In case any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, may pay such Note instead of issuing a new NoteNote in replacement thereof. Every replacement Note is an additional obligation of the Company and shall be entitled to the benefits of this Indenture. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies against the Company and the Trustee with respect to the replacement or payment of mutilated, pay such Notedestroyed, lost or wrongfully taken Notes.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a the Holder claims that its the Note has been lost, destroyed or wrongfully taken and taken, then, in the absence of notice to the Company or the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of that such NoteNote has been acquired by a bona fide purchaser, the Company shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if of like tenor and principal amount; provided that the Trustee’s requirements of this Section 2.09 are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided by the Holder furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the such Holder for the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in In case any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, may pay such Note instead of issuing a new NoteNote in replacement thereof. Every replacement Note is an additional obligation of the Company and shall be entitled to the benefits of this Indenture. The provisions of this Section 2.09 are exclusive and shall preclude (to the extent lawful) all other rights and remedies against the Company and the Trustee with respect to the replacement or payment of mutilated, pay such Notedestroyed, lost or wrongfully taken Notes.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of such Note, the Company shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an indemnity bond or security must be provided by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in case any mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a the Holder claims that its the Note has been lost, destroyed or wrongfully taken and taken, then, in the absence of notice to the Company or the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of that such NoteNote has been acquired by a protected purchaser, the Company shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if of like tenor and principal amount and bearing a number not contemporaneously outstanding; provided that the Trustee’s requirements of this Section 2.09 are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided by the Holder furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the such Holder for its expenses and the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in In case any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, may pay such Note instead of issuing a new NoteNote in replacement thereof. Every replacement Note is an additional obligation of the Company and shall be entitled to the benefits of this Indenture. The provisions of this Section 2.09 are exclusive and shall preclude (to the extent lawful) all other rights and remedies against the Company and the Trustee with respect to the replacement or payment of mutilated, pay such Notedestroyed, lost or wrongfully taken Notes.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or the Registrar or if a Holder claims that its Note has been lost, destroyed or wrongfully taken and the Trustee receives and the Registrar receive evidence to its satisfaction of the ownership and loss, destruction or theft of such Note, the Company shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company Company, the Trustee and the Trustee Registrar in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in case any mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a the Holder claims that its the Note has been lost, destroyed or wrongfully taken and taken, then, in the absence of notice to the Company or the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of that such NoteNote has been acquired by a bona fide purchaser, the Company shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if of like tenor and principal amount and bearing a number not contemporaneously outstanding; provided that the Trustee’s requirements of this Section 2.09 are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided by the Holder furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the such Holder for its expenses and the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in In case any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, may pay such Note instead of issuing a new Note, pay such NoteNote in replacement thereof. Every replacement Note is an additional obligation of the Company and shall be entitled to the benefits of this Indenture.

Replacement Notes. If a any mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken the Company and the Trustee receives evidence to its satisfaction of the ownership and lossdestruction, destruction loss or theft of such any Note, the Company shall issue and the Trustee, upon receipt of an Authentication Order or in accordance with a previously delivered Authentication Order, shall authenticate a replacement Note if the Company’s and the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee may charge for their expenses in replacing a Note. Every replacement Note issued in accordance with this Section 2.07 is a contractual an additional obligation of the Company and any other obligor upon the Notes and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding In the foregoing provisions of this Section 2.07, in case event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, may pay such Note instead of issuing a new NoteNote in replacement thereof. The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, pay such Notelost, destroyed or wrongfully taken Notes.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a the Holder claims that its the Note has been lost, destroyed or wrongfully taken and taken, then, in the absence of notice to the Company or the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of that such NoteNote has been acquired by a bona fide purchaser, the Company shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if of like tenor and principal amount and bearing a number not contemporaneously outstanding; provided that the Trustee’s requirements of this paragraph and the second paragraph of Section 2.07 are otherwise met. If required by the Trustee or the Company, an An indemnity bond must may be provided by the Holder required to be furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the such Holder for its expenses and the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in In case any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, may pay such Note instead of issuing a new Note, pay such NoteNote in replacement thereof. Every replacement Note is an additional obligation of the Company and shall be entitled to the benefits of this Indenture.

Replacement Notes. If a any mutilated Note is surrendered to the Trustee or if a Holder claims the Company and the Trustee and the Company receive evidence to their satisfaction of the destruction, loss or theft of any Note, and such other reasonable requirements as may be imposed by the Company as permitted by Section 8-405 of the Uniform Commercial Code have been satisfied, then, in the absence of notice to the Company or the Trustee that its such Note has been lost, destroyed or wrongfully taken and acquired by a “protected purchaser” within the Trustee receives evidence to its satisfaction meaning of Section 8-405 of the ownership and loss, destruction or theft of such NoteUniform Commercial Code, the Company shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided supplied by the Holder that is sufficient in the judgment of the Trustee (with respect to the Trustee) and the Company (with respect to the Company) to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for the its expenses of the Company and the Trustee in replacing a Note. Every replacement Note is a contractual an additional obligation of the Company and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in case any mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder holder claims that its Note has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of such Note, the Company shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided by the Holder holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder holder for the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in case any mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note.

Replacement Notes. (a) If a mutilated Note is surrendered to the Trustee Registrar or if a Holder claims that its Note has been lost, destroyed or wrongfully taken and the Trustee Registrar receives evidence to its satisfaction of the ownership and loss, destruction or theft of such Note, the Company shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s reasonable requirements are otherwise met. If required by the Trustee or the Company, an An indemnity bond must be provided by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company (including reasonable fees and expenses of counsel) and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in case any mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any replacement Note under this Section 2.07, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the reasonable fees and expenses of counsel and the Trustee) connected therewith.

Replacement Notes. If a any mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken the Company and the Trustee receives evidence to its satisfaction of the ownership and lossdestruction, destruction loss or theft of such any Note, the Company shall issue and the Trustee, upon receipt of an Authentication Order or in accordance with a previously delivered Authentication Order, shall authenticate a replacement Note if the Company’s and the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee may charge for their expenses in replacing a Note. Every replacement Note issued in accordance with this Section 2.07 is a contractual an additional obligation of the Company and any other obligor upon the Notes and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding In the foregoing provisions of this Section 2.07, in case event any such mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, may pay such Note instead of issuing a new NoteNote in replacement thereof. 47 The provisions of this Section 2.07 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, pay such Notelost, destroyed or wrongfully taken Notes.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder holder claims that its Note has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of such Note, the Company shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided by the Holder holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge the Holder holder for the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in case any mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of such Note, the Company Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an An indemnity bond must be provided by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company Issuers may charge the Holder for the expenses of the Company Issuers and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company Issuers and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in case any mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company Issuers in its their discretion may, instead of issuing a new Note, pay such Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of such Note, the Company shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the CompanyIssuer, the Trustee, the Registrar, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.072.7, in case any mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note.

Replacement Notes. If a any mutilated Note is surrendered to the Trustee or if a Holder of a Note claims that its any Note has been lostdestroyed, destroyed lost or wrongfully taken stolen and each of the Trustee and the Trustee Company receives evidence to its satisfaction of the ownership and lossdestruction, destruction loss or theft of such any Note, the Company shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's and the Company's requirements are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for the its expenses of the Company and the Trustee in replacing a Note. In case any such mutilated, destroyed, lost or stolen Note had become or is about to become due and payable, the Company, in its discretion, may, instead of issuing a new Note, pay such Note, upon satisfaction of the conditions set forth in the preceding paragraph. Every replacement Note is a contractual an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in case any mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note.

Replacement Notes. If a mutilated Note of any Series is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of such Note, the Company shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note of the same Series if the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an indemnity bond or security must be provided by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. Every replacement Note of a Series is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes of such Series duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in case any mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new replacement Note, pay such Note.

Replacement Notes. If a defaced or mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of such Notetaken, the Company shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if of the Trustee’s requirements are otherwise metsame Series and of such tenor and principal amount bearing a number not contemporaneously outstanding. If required by the Trustee or the Company, an indemnity bond must be provided by the Holder furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company, the Trustee, Trustee and any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the such Holder for its expenses and the expenses of the Company Trustee (including without limitation attorneys’ fees and the Trustee expenses) in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in In case any such mutilated, defaced, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, may pay such Note of the same Series instead of issuing a new NoteNote in replacement thereof. Every replacement Note is an additional obligation of the Company and shall be entitled to the benefits of this Indenture. To the extent permitted by law, pay such Notethe foregoing provisions of this Section are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Notes.

Replacement Notes. If a mutilated Note is surrendered to the Trustee Registrar or if a Holder claims that its Note has been lost, destroyed or wrongfully taken and the Trustee Registrar receives evidence to its satisfaction of the ownership and loss, destruction or theft of such Note, the Company shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's reasonable requirements are otherwise met. If required by the Trustee or the Company, an An indemnity bond must be provided by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company (including reasonable fees and expenses of counsel) and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in case any mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any replacement Note under this Section 2.07, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the reasonable fees and expenses of counsel and the Trustee) connected therewith.

Replacement Notes. If a defaced or mutilated Note of any series is surrendered to the Trustee or if a Holder claims that its Note of any series has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of such Notetaken, the Company shall issue and the TrusteeTrustee shall, upon receipt of an Authentication Ordersatisfactory evidence of such loss, shall destruction or theft, authenticate a replacement Note if the Trustee’s requirements are otherwise metof such series and tenor and principal amount bearing a number not contemporaneously outstanding. If required by the Trustee or the Company, an indemnity bond must be provided by the Holder furnished that is sufficient in the judgment of both the Trustee and the Company to protect the Company, the Trustee, Trustee and any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the such Holder for its expenses and the expenses of the Company Trustee (including without limitation attorneys’ fees and the Trustee expenses) in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in In case any such mutilated, defaced, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, may pay such Note instead of issuing a new NoteNote in replacement thereof. Every replacement Note is an additional obligation of the Company and shall be entitled to the benefits of this Indenture. To the extent permitted by law, pay such Notethe foregoing provisions of this Section are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Notes.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of such Note, the Company shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an indemnity bond must be provided by the Holder that is sufficient in the judgment of the Trustee to protect the Trustee and in the judgment of the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in case any mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note.

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if the Holder of a Holder Note claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that its the Note has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of such Notetaken, the Company shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if the Trustee’s 's requirements are otherwise met. If required by the Trustee or the Company, such Holder must provide an indemnity bond must be provided by the Holder that is or other indemnity, sufficient in the judgment of both the Trustee Company and the Company Trustee, to protect the Company, the Trustee, Trustee or any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge the such Holder for the its reasonable, out-of-pocket expenses of the Company and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in In case any such mutilated, lostdestroyed, destroyed lost or wrongfully taken stolen Note has become or is about to become due and payable, the Company in its discretion discretion, may, instead of issuing a new Note, pay such Note., upon satisfaction of the conditions set forth in the preceding paragraph. Every new Note issued pursuant to this Section 2.7 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of such Note, the Company shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an indemnity bond or security must be provided by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in case any mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note.. Section 2.08

Replacement Notes. If a mutilated Note is surrendered to the Trustee or if a Holder claims that its Note has been lost, destroyed or wrongfully taken and the Issuer and the Trustee receives evidence to its satisfaction of the ownership and loss, destruction or theft of such Note, the Company Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an An indemnity bond must be provided by the Holder that is sufficient in the judgment of the Trustee and the Company Issuer to protect the CompanyIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company Issuer may charge the Holder for the expenses of the Company Issuer and the Trustee in replacing a Note. Every replacement Note is a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in case any mutilated, lostdestroyed, destroyed lost or wrongfully taken Note has become or is about to become due and payable, the Company Issuer in its discretion may, instead of issuing a new Note, pay such NoteNotes.

Replacement Notes. If a any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuer, or if a Holder claims that its Note has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the ownership and lossdestruction, destruction loss or theft of such Note, the Company Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are otherwise met. If required by the Trustee or the Company, an An indemnity bond must be provided supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuer to protect the CompanyIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge the Holder for the expenses of the Company Issuer and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. Notwithstanding the foregoing provisions of this Section 2.07, in case any mutilated, lostdestroyed, destroyed lost or wrongfully taken Note has become or is about to become due and payable, the Company Issuer in its discretion may, instead of issuing a new Note, pay such Note.