Replacement of Note. On receipt by the Borrower of an affidavit of an authorized representative of the Holder stating the circumstances of the loss, theft, destruction or mutilation of this Note (and in the case of any such mutilation, on surrender and cancellation of such Note), the Borrower, at its expense, will promptly execute and deliver, in lieu thereof, a new Note of like tenor. If required by the Borrower, such Holder must provide indemnity sufficient in the reasonable judgment of the Borrower to protect the Borrower from any loss which they may suffer if a lost, stolen or destroyed Note is replaced.
Appears in 4 contracts
Samples: Term Loan Agreement (TriVascular Technologies, Inc.), First Amendment Agreement (Transtechnology Corp), Mercury Air Group Inc
Replacement of Note. On receipt by the Borrower of an affidavit of an authorized representative of the Holder stating the circumstances of the loss, theft, destruction or mutilation of this Note (and in the case of any such mutilation, on surrender and cancellation of such Note), the Borrower, at its expense, will promptly execute and deliver, in lieu thereof, a new Note of like tenor. If required by the Borrower, such the Holder must provide indemnity sufficient in the reasonable judgment of the Borrower to protect the Borrower from any loss which they the Borrower may suffer if a lost, stolen or destroyed Note is replaced.
Appears in 3 contracts
Samples: Ace Comm Corp, Ace Comm Corp, Ace Comm Corp
Replacement of Note. On receipt by the Borrower Borrowers of an affidavit of an authorized representative of the Holder stating the circumstances of the loss, theft, destruction or mutilation of this Note (and in the case of any such mutilation, on surrender and cancellation of such Note), the BorrowerBorrowers, at its their expense, will promptly execute and deliver, in lieu thereof, a new Note of like tenor. If required by the BorrowerBorrowers, such Holder must provide indemnity sufficient in the reasonable judgment of the Borrower Borrowers to protect the Borrower Borrowers from any loss which that they may suffer if a lost, stolen or destroyed Note is replaced.
Appears in 2 contracts
Samples: Tb Woods Corp, Tb Woods Corp
Replacement of Note. On receipt by the Borrower Company of an affidavit of an authorized representative of the Holder stating the circumstances of the loss, theft, destruction or mutilation of this Note (and in the case of any such mutilation, on surrender and cancellation of such this Note), the BorrowerCompany, at its expense, will promptly execute and deliver, in lieu thereof, a new Note of like tenor. If required by the BorrowerCompany, such Holder must provide indemnity sufficient an agreement to indemnify the Company, which in the reasonable judgment of the Borrower Company, is sufficient to protect the Borrower Company from any loss which they that it may suffer if a lost, stolen or destroyed Note is replaced.
Appears in 2 contracts
Samples: Subordination Agreement (YogaWorks, Inc.), Subordination Agreement (YogaWorks, Inc.)
Replacement of Note. On receipt by the Borrower Maker of an affidavit of an authorized representative of the Holder stating the circumstances of the loss, theft, destruction or mutilation of this Note (and in the case of any such mutilation, on surrender and cancellation of such Note), the BorrowerMaker, at its expensethe expense of the Holder, will promptly execute and deliver, in lieu thereof, a new Note of like tenor. If required by the BorrowerMaker, such Holder must provide an indemnity bond or other indemnity sufficient in the reasonable judgment of the Borrower Maker to protect the Borrower Maker from any loss which they it may suffer if a lost, stolen or destroyed Note is replaced.
Appears in 2 contracts
Samples: Healthessentials Solutions Inc, Healthessentials Solutions Inc
Replacement of Note. On receipt by the Borrower of an affidavit of an authorized representative of the Holder stating the circumstances of the loss, theft, destruction or mutilation of this Note (and in the case of any such mutilation, on surrender and cancellation of such Note), the Borrower, at its expense, will promptly execute and deliver, in lieu thereof, a new Note of like tenor. If required by the Borrower, such Holder must provide an indemnity bond or other indemnity sufficient in the reasonable judgment of the Borrower to protect the Borrower from any loss which they it may suffer if a lost, stolen or destroyed Note is replaced.
Appears in 2 contracts
Samples: Integrated Defense Technologies Inc, Fulcrum Direct Inc
Replacement of Note. On receipt by the Borrower of an affidavit of an authorized representative of the Holder Lender stating the circumstances of the loss, theft, destruction or mutilation of this Note (and in the case of any such mutilation, on surrender and cancellation of such Note), the Borrower, at its expense, will promptly execute and deliver, in lieu thereof, a new Note of like tenor. If required by the Borrower, such Holder the Lender must provide an indemnity bond or other indemnity sufficient in the reasonable judgment of the Borrower to protect the Borrower from any loss which they it may suffer if a lost, stolen or destroyed Note is replaced.
Appears in 2 contracts
Samples: Dreamlife Inc, Dreamlife Inc
Replacement of Note. On receipt by the Borrower of an affidavit of an authorized representative of the Holder stating the circumstances of the loss, theft, destruction or mutilation of this Note (and in the case of any such mutilation, on surrender and cancellation of such Note), the Borrower, at its expense, will promptly execute and deliver, in lieu thereof, a new Note of like tenor. If required by the Borrower, such Holder must provide indemnity sufficient in the reasonable judgment of the Borrower to protect the Borrower from any loss which they the Borrower may suffer if a lost, stolen or destroyed Note is replaced.
Appears in 1 contract
Samples: T Netix Inc
Replacement of Note. On receipt by the Borrower of an affidavit of an ------------------- authorized representative of the Holder stating the circumstances of the loss, theft, destruction or mutilation of this Note (and in the case of any such mutilation, on surrender and cancellation of such Note), the Borrower, at its expense, will promptly execute and deliver, in lieu thereof, a new Note of like tenor. If required by the Borrower, such Holder must provide indemnity sufficient in the reasonable judgment of the Borrower to protect the Borrower from any loss which they may suffer if a lost, stolen or destroyed Note is replaced.
Appears in 1 contract
Samples: Medsource Technologies Inc
Replacement of Note. On receipt by the Borrower Company of an affidavit of an authorized representative of the Holder stating the circumstances of the loss, theft, destruction or mutilation of this Note (and in the case of any such mutilation, on surrender and cancellation of such Note), the BorrowerCompany, at its expense, will promptly execute and deliver, in lieu thereof, a new Note of like tenor. If required by the BorrowerCompany, such Holder must provide indemnity sufficient an agreement to indemnify the Company, which in the reasonable judgment of the Borrower Company, is sufficient to protect the Borrower Company from any loss which they that it may suffer if a lost, stolen or destroyed Note is replaced.
Appears in 1 contract
Replacement of Note. On receipt by the Borrower Issuer of an affidavit of an authorized representative of the Holder stating the circumstances of the loss, theft, destruction or mutilation of this Note (and in the case of any such mutilation, on surrender and cancellation of such Note), the BorrowerIssuer, at its expense, will promptly execute and deliver, in lieu thereof, a new Note of like tenor. If required by the BorrowerIssuer, such Holder must provide indemnity sufficient in the reasonable judgment of the Borrower Issuer to protect the Borrower Issuer from any loss which they may suffer if a lost, stolen or destroyed Note is replaced.
Appears in 1 contract
Samples: Distributorship Agreement (Sirona Dental Systems, Inc.)
Replacement of Note. On receipt by the Borrower Maker of an affidavit of an authorized representative of the Holder stating the circumstances of the loss, theft, destruction or mutilation of this Note (and in the case of any such mutilation, on surrender and cancellation of such Note), the BorrowerMaker, at its expense, will promptly execute and deliver, in lieu thereof, a new Note of like tenor. If reasonably required by the BorrowerMaker, such Holder must shall provide an indemnity of the Holder sufficient in the reasonable judgment of the Borrower Maker to protect the Borrower Maker from any loss which they it may suffer if a lost, stolen stolen, destroyed or destroyed mutilated Note is replaced.
Appears in 1 contract
Samples: PAV Republic, Inc.