Common use of Replacement Notes Clause in Contracts

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the 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 Company, an indemnity bond must be 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 their expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed with respect to replacement of such Note. Every replacement Note is an additional obligation of the 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 16 contracts

Samples: Indenture (Melco Crown Entertainment LTD), Supplemental Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Indenture (Melco Resorts & Entertainment LTD)

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Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient of such Note shall provide indemnity sufficient, in the judgment of the Trustee and or the Company Company, as applicable, 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company evidencing the same Indebtedness as the destroyed, lost or stolen Note 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 16 contracts

Samples: Subordination Agreement (Quebecor Media Inc), Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee and or the Company 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company Company, evidencing the same debt as the destroyed, lost or stolen Note, 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 11 contracts

Samples: Indenture (Great Lakes Dredge & Dock CORP), Indenture (GNLV Corp), Indenture (Prestige Brands Holdings, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will Issuer shall issue and the Trustee, upon receipt of an Authentication OrderOrder in accordance with Section 2.2 hereof, will shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the CompanyIssuer, an indemnity bond must be supplied by the Holder that is sufficient of such Note shall provide indemnity sufficient, in the judgment of the Trustee and or the Company Issuer, as applicable, to protect the CompanyIssuer, the Trustee, any Agent and any authenticating agent Authenticating Agent from any loss that any of them may suffer if a Note is replacedin connection with such replacement. The Company and If required by the Trustee may charge Issuer, such Holder shall reimburse the Holder Issuer for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.7 shall be the valid obligation of the Company Issuer evidencing the same Indebtedness as the destroyed, lost or stolen Note 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 8 contracts

Samples: Indenture (Boardwalk Pipelines Lp), Indenture (Boardwalk Pipeline Partners, LP), Indenture (Boardwalk Pipeline Partners, LP)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will shall authenticate a replacement Note. The Holder of such Note if shall provide indemnity sufficient, in the Trustee’s requirements are met. If required by judgment of the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company as applicable, 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company evidencing the same Indebtedness as the destroyed, lost or stolen Note 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 7 contracts

Samples: Subordination Agreement (Quebecor Media Inc), Indenture (Quebecor Media Inc), Subordination Agreement (Videotron Ltee)

Replacement Notes. If any a mutilated Note is surrendered to the Trustee or the Registrar or if the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication a Company Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond must be supplied 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 and the Trustee may charge the such Holder for their respective reasonable, out-of-pocket expenses in replacing a Note, including but not limited to the reasonable fees and expenses of counsel and any tax that may be imposed with respect to replacement of such Notecounsel. Every replacement Note is shall constitute an additional obligation of the 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 5 contracts

Samples: Indenture (Cellstar Corp), Indenture (Cellstar Corp), Indenture (Cellstar Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication a Company Order, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee and the Company 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to such replacement of such Note. Every replacement Note is an additional issued in accordance with this Section 2.09 shall be the valid obligation of the Company Company, evidencing the same debt as the destroyed, lost or stolen Note, 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: Signatures (Spirit AeroSystems Holdings, Inc.), Signatures (Spirit AeroSystems Holdings, Inc.), Indenture (Spirit AeroSystems Holdings, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall, upon the written request of the Holder thereof, issue and the Trustee, upon receipt the written order of an Authentication Orderthe Company signed by two Officers of the Company, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the such 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 their its expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed with respect to replacement of such Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with 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 with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Appears in 4 contracts

Samples: Cinemark Usa Inc /Tx, Highwaymaster Corp, Cinemark Usa Inc /Tx

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee and or the Company 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company Company, evidencing the same Indebtedness as the destroyed, lost or stolen Note, 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 (Citizens Communications Co), Citizens Communications Co, Citizens Communications Co

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide security or indemnity that is sufficient sufficient, in the judgment of the Trustee and or the Company 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company Company, evidencing the same debt as the destroyed, lost or stolen Note, 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 (NextWave Wireless LLC), Security Agreement (NextWave Wireless LLC), Assignment and Security Agreement (NextWave Wireless LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Company and the Trustee receives evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, the Company 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 Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any the Registrar and the Paying Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The At the Company’s request, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed with respect to replacement of such Note. Every replacement Note issued in accordance with this Section 2.07 is an additional a contractual obligation of the 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 (Ashland Inc.), Indenture (Valvoline Inc), Indenture (Valvoline Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication a Company Order, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee and or the Company 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.09 shall be the valid obligation of the Company Company, evidencing the same debt as the destroyed, lost or stolen Note, 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 (Centene Corp), Indenture (Centene Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the 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 Upon written request for replacement of a Note by a Holder, the Trustee or and the Company, Company shall receive an indemnity bond must be 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 their its expenses in replacing a Note, including but not limited with any expense of the Trustee to be reimbursed in accordance with the reasonable expenses terms of counsel and any tax that may be imposed with respect to replacement of such Notethis Indenture. Every replacement Note is an additional obligation of the 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 (Endo Pharmaceuticals Holdings Inc), Indenture (Endo Pharmaceuticals Holdings Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide an affidavit of loss and indemnity that is sufficient sufficient, in the judgment of the Trustee and or the Company 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company Company, evidencing the same debt as the destroyed, lost or stolen Note, 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: Texas San Macros Treatment Center Lp, Psychiatric Solutions Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company 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 Company, an indemnity bond must be 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 or liability that any of them may suffer if a Note is replaced, including but not limited to, if the Note is subsequently presented or claimed for payment. The Company Trustee and the Trustee Company each may charge the such Holder for their expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed with respect to replacement of such Note. Every replacement Note is an additional obligation of the 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: Covenants (Dole Food Co Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of 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 their its expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed with respect to replacement of such Note. Every replacement Note is an additional obligation of the Company and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. 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, destroyed, lost or stolen Notes.

Appears in 1 contract

Samples: Windmere Durable Holdings Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of 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 Each of the Trustee and the Trustee Company may charge the Holder for their its expenses in replacing a Note, (including but not limited to the reasonable expenses of counsel and any tax or other governmental charge that may be imposed with respect to replacement in relation thereto and any other expenses including the fees and expenses of such the Trustee) in replacing a Note. Every replacement Note is an additional obligation of the 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: Franks Nursery & Crafts Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company 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 metNote. If required by the Trustee or the CompanyIssuers, an indemnity bond must be supplied by the Holder that is sufficient of such Note shall provide security or indemnity sufficient, in the judgment of the Trustee and or the Company Issuers, as applicable, 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 replacedin connection with such replacement. The Company and If required by the Trustee may charge Issuers, such Holder shall reimburse the Holder Issuers for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company Issuers evidencing the same Indebtedness as the destroyed, lost or stolen Note 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: CBD Media LLC

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and or if the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee and or the Company Company, as applicable, 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 replacedin connection with such replacement. The If required by the Company and and/or Trustee, such Holder shall reimburse the Trustee Company and/or the Trustee, as the case may charge the Holder be, for their respective expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section shall be the valid obligation of the Company Company, evidencing the same debt as the mutilated, destroyed, lost or stolen Note, 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: China Natural Gas, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee and the Company receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication a Company Order, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee to protect the Trustee, any of its Agent and any authenticating agent 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.09 shall be the valid obligation of the Company Company, evidencing the same debt as the destroyed, lost or stolen Note, 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: Molina Healthcare Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Issuer and the Trustee ant the Issuer receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will Issuer shall issue and the Trustee, upon receipt of an Authentication OrderOrder in accordance with Section 2.02, will shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the CompanyIssuer, an indemnity bond must be supplied by the Holder that is sufficient of such Note shall provide indemnity sufficient, in the judgment of the Trustee and or the Company Issuer, as applicable, 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 replacedin connection with such replacement. The Company and If required by the Trustee may charge Issuer, such Holder shall reimburse the Holder Issuer for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company Issuer evidencing the same Debt as the destroyed, lost or stolen Note 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 (Hli Operating Co Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee and or the Company Company, as applicable, 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section shall be the valid obligation of the Company Company, evidencing the same debt as the mutilated, destroyed, lost or stolen Note, 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 (7 Days Group Holdings LTD)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient of such Note shall provide indemnity sufficient, in the judgment of the Trustee and or the Company Company, as applicable, 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 replacedin connection with such replacement. The If required by the Company and such Holder shall reimburse the Trustee may charge the Holder Company for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company Company, evidencing the same debt as the destroyed, lost or stolen Note, 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: Aviall Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by as applicable, the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee and or the Company 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company Company, evidencing the same debt as the destroyed, lost or stolen Note, 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: Security Register (ClubCorp Holdings, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee and or the Company Company, as applicable, 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 replacedin connection with such replacement. The If required by the Company and and/or Trustee, such Holder shall reimburse the Company and/or the Trustee as the case may charge the Holder be, for their respective expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section shall be the valid obligation of the Company Company, evidencing the same debt as the mutilated, destroyed, lost or stolen Note, 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 (Tu Guo Shen)

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Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Company, and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee and or the Company 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company Company, evidencing the same debt as the destroyed, lost or stolen Note, 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 (China Shen Zhou Mining & Resources, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will Issuers shall issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the CompanyIssuers, an indemnity bond must be supplied by the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee and or 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 replacedin connection with such replacement. The Company and If required by the Trustee may charge Issuers, such Holder shall reimburse the Holder Issuers for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company Issuers, evidencing the same debt as the destroyed, lost or stolen Note, 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 (Trump Entertainment Resorts Holdings Lp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication a Company Order, will the Trustee shall authenticate a replacement Note if of the Trustee’s requirements are metsame Series. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee and the Company 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to such replacement of such Note. Every replacement Note is an additional issued in accordance with this Section 2.09 shall be the valid obligation of the Company Company, evidencing the same debt as the destroyed, lost or stolen Note of the same Series, and will shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes of the same Series duly issued hereunder.

Appears in 1 contract

Samples: Spirit AeroSystems Holdings, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, 30 upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient of such Note shall provide security or indemnity sufficient, in the judgment of the Trustee and or the Company Company, as applicable, 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company evidencing the same Indebtedness as the destroyed, lost or stolen Note 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: Medvest Holdings Corp

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee and or the Company 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 replacedin connection with such replacement. The Company and If required by the Company, or the Trustee may charge such Holder shall reimburse the Holder Company or the Trustee for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company Company, evidencing the same debt as the destroyed, lost or stolen Note, 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 (Dr Pepper Snapple Group, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and or if the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee and or the Company 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and or the Trustee Trustee, as the case may charge the Holder be, for their its expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section shall be the valid obligation of the Company Company, evidencing the same debt as the mutilated, destroyed, lost or stolen Note, 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: Sinoenergy CORP

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and each of the Trustee and the Company receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee and or the Company 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company Company, evidencing the same debt as the destroyed, lost or stolen Note, 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 (Neenah Paper Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and or if the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will the Trustee shall authenticate a replacement Note. The Holder of such Note if the Trustee’s requirements are met. If required by the Trustee shall provide security or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, Trustee or any Agent as may be required by each of them to indemnify and any authenticating agent hold each of them harmless from any loss that any of them may suffer if a Note is replacedin connection with such replacement. The If required by the Company or the Trustee, such Holder shall reimburse the Company and the Trustee and their agents, as the case may charge the Holder be, for their expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section shall be the valid obligation of the Company Company, evidencing the same debt as the mutilated, destroyed, lost or stolen Note, 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: Hi-Tech Wealth Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company Companies and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will Companies shall issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the CompanyCompanies, an indemnity bond must be supplied by the Holder of such Note shall provide an affidavit of loss and indemnity that is sufficient sufficient, in the judgment of the Trustee and or the Company Companies, to protect the CompanyCompanies, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replacedin connection with such replacement. The Company and If required by the Trustee may charge Companies, such Holder shall reimburse the Holder Companies for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company Companies, evidencing the same debt as the destroyed, lost or stolen Note, 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: Twi Holdings Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02, the Trustee will authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note will provide indemnity that is sufficient sufficient, in the judgment of the Trustee and or the Company 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 replacedin connection with such replacement. The If required by the Company, such Xxxxxx will reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 will be the valid obligation of the Company Company, evidencing the same debt as the destroyed, lost or stolen Note, 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: Xerium Technologies Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the 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 Company, an indemnity bond must be 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 their its expenses in replacing a Note, including including, but not limited to the reasonable expenses of counsel and any tax that may be imposed with respect to replacement of such Note. Every replacement Note is an additional obligation of the 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 1 contract

Samples: Indenture (Melco Resorts & Entertainment LTD)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company 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 CompanyCom- pany, an indemnity bond must be 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 or liability that any of them may suffer if a Note is replaced, including but not limited to, if the Note is subsequently presented or claimed for payment. The Company Trustee and the Trustee Company each may charge the such Holder for their expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed with respect to replacement of such Note. Every replacement Note is an additional obligation of the 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: Dole Food Co Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication Order, will shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient of such Note shall provide security or indemnity sufficient, in the judgment of the Trustee and or the Company Company, as applicable, 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.7 shall be the valid obligation of the Company evidencing the same Indebtedness as the destroyed, lost or stolen Note 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 (Aerojet Ordnance Tennessee Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trusteeand, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will the Trustee shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee and the Company 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 replacedin connection with such replacement. The Company and the Trustee may charge the Holder for their expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed with respect to replacement of such Note. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company Company, evidencing the same debt as the destroyed, lost or stolen Note, 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: Assignment and Assumption Agreement (Homer City Generation, L.P.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will shall issue and the Trustee, upon receipt of an Authentication OrderOrder in accordance with Section 2.02 hereof, will shall authenticate a replacement Note. The Holder of such Note if shall provide indemnity sufficient, in the Trustee’s requirements are met. If required by judgment of the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company as applicable, 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company and the Trustee may charge the Holder for their its reasonable expenses in replacing a Note, including but not limited to the reasonable expenses of counsel and any tax that may be imposed connection with respect to replacement of such Notereplacement. Every replacement Note is an additional issued in accordance with this Section 2.07 shall be the valid obligation of the Company evidencing the same Indebtedness as the destroyed, lost or stolen Note 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: Subordination Agreement (Videotron Ltee)

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