Common use of Replacement Securities Clause in Contracts

Replacement Securities. If any mutilated Security is surrendered to the Trustee, or the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements for replacements of Securities are met. 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 thereof or any authenticating agent from any loss that any of them may suffer if a Security is replaced. The Company or the Trustee may charge for its expenses in replacing a Security. Every replacement Security is an obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Securities duly issued hereunder.

Appears in 31 contracts

Samples: Indenture (Independent Capital Trust I), Indenture (Argo Capital Trust Co), Indenture (Sterling Bancshares Inc)

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Replacement Securities. If any a mutilated Security is surrendered to the TrusteeTrustee or if the Holder of a Security claims that the Security has been lost, destroyed, or the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Securitywrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security of same series if the Company’s and the Trustee's ’s requirements for replacements of Securities are met. An The Trustee or the Company may require an indemnity bond must to be supplied by the holder that furnished which is sufficient in the judgment of the Trustee and the Company both to protect the Company, the Trustee, and any agent thereof or any authenticating agent Agent from any loss that which any of them may suffer if a Security is replaced. The Company or the Trustee may charge such Holder for its expenses in replacing a Security. Every replacement Security is an obligation of the Company and shall be entitled to all the benefit of the benefits of this Indenture equally and proportionately with any and all other Securities duly issued hereunderof the same series.

Appears in 14 contracts

Samples: Indenture (Marinemax Inc), Indenture (Opko Health, Inc.), Indenture (Opko Health, Inc.)

Replacement Securities. If any mutilated Security is surrendered to the Trustee, or the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements for replacements of Securities are met. 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 thereof Agent or any authenticating agent from any loss that any of them may suffer if a Security is replaced. The Company or the Trustee may charge for its expenses in replacing a Security. Every replacement Security is an obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Securities duly issued hereunder.

Appears in 8 contracts

Samples: Indenture (Bank of Boston Corp), Indenture (Berkley W R Capital Trust), Indenture (First Usa Inc)

Replacement Securities. If any a mutilated Security is surrendered to the TrusteeRegistrar or if the Holder of a Security claims that the Security has been lost, destroyed or the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Securitywrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Holder satisfies the reasonable requirements of the Company and the Trustee's requirements for replacements of Securities are met. An If required by the Company or the Trustee, such Holder shall furnish an indemnity bond must be supplied by the holder that is or other security sufficient in the judgment of the Trustee Company and the Company Trustee to protect the Company, the Trustee, the Paying Agent, the Registrar and any agent thereof or any authenticating agent Conversion Agent from any loss that which any of them may suffer if a Security is replaced. The Company or and the Trustee may charge the Holder for its their expenses in replacing a Security. Every replacement Security is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Securities duly issued hereunderCompany.

Appears in 7 contracts

Samples: Zion Oil & Gas Inc, Zion Oil & Gas Inc, Orgenesis Inc.

Replacement Securities. If any mutilated Security is surrendered to the Trustee, or the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements for replacements of Securities are met. 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 thereof or Trustee and any authenticating agent from any loss that any of them may suffer if a Security is replaced. The Company or the Trustee may charge for its expenses in replacing a Security. Every replacement Security is an obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Securities duly issued hereunder.

Appears in 5 contracts

Samples: Indenture (Vesta Insurance Group Inc), Indenture (Vesta Insurance Group Inc), Indenture (Markel Corp)

Replacement Securities. If any mutilated Security is surrendered to the Trustee, or the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements for replacements of Securities are met. An A holder requesting such replacement Security shall supply an indemnity bond must be supplied by the holder or other security that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any agent thereof or any authenticating agent from any loss that any of them may suffer if a Security is replaced. The Company or the Trustee may charge for its expenses in replacing a Security. Every replacement Security is an obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Securities duly issued hereunder.

Appears in 4 contracts

Samples: Indenture (Spinnaker Exploration Co), Indenture (Continental Airlines Finance Trust Iii), Dynegy Capital Trust Iii

Replacement Securities. If any a mutilated Security is surrendered to the TrusteeTrustee or if the Holder of a Security claims that the Security has been lost, destroyed or the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Securitywrongfully taken, the Company Issuers shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements for replacements of Securities are met. An indemnity bond must be supplied by the holder that is in an amount sufficient in the judgment of the Trustee Issuers and the Company Trustee to protect the CompanyIssuers, the Trustee, any agent thereof Trustee or any authenticating agent Agent from any loss that which any of them may suffer if a Security is replacedreplaced may be required by the Trustee or the Issuers. The Company or Issuers and the Trustee each may charge such Holder for its expenses in replacing a such Security. Every replacement Security is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Securities duly issued hereunderIssuers.

Appears in 3 contracts

Samples: Frontiervision Holdings Capital Corp, Frontiervision Capital Corp, Frontiervision Holdings Capital Ii Corp

Replacement Securities. If any a mutilated Security is surrendered to the Trustee, Registrar or the Company and Trustee or if the Trustee receive evidence to their satisfaction Holder of a Security claims that the destructionSecurity has been lost, loss destroyed or theft of any Securitywrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements for replacements Holder of Securities are metsuch Security furnishes to the Company and to the Trustee evidence reasonably acceptable to them of the ownership and the destruction, loss or theft of such Security. An If required by the Trustee or the Company, an indemnity bond must shall be supplied by the holder that is posted, sufficient in the judgment of the Trustee and the Company both to protect the Company, the Trustee, any agent thereof Trustee or any authenticating agent Paying Agent from any loss that any of them may suffer if a such Security is replaced. The Company or may charge such Holder for the Company's expenses in replacing such Security and the Trustee may charge the Company for its the Trustee's expenses in replacing a such Security. Every replacement Security is shall constitute an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Securities duly issued hereunderCompany.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Continental Caribbean Containers Inc), Section (Toms Foods Inc)

Replacement Securities. If any mutilated Security is surrendered to the Trustee, Trustee or the Company and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Security if the Trustee's requirements for replacements of Securities are met. An If required by the Trustee or the Company, an indemnity bond must be supplied by the holder Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any agent thereof or Agent and any authenticating agent from any loss that any of them may suffer if a Security is replaced. The Company or the Trustee may charge the Holder for its expenses in replacing a Security. Every replacement Security is an a valid obligation of the Company and shall be entitled to all of evidence the benefits of this Indenture equally and proportionately with all other Securities duly issued hereundersame debt as the Security for which it is a replacement.

Appears in 1 contract

Samples: Danaher Corp /De/

Replacement Securities. If any a mutilated Security is surrendered to the TrusteeTrustee or if the Holder of a Security claims that the Security has been lost, destroyed or the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Securitywrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements for replacements of Securities are met. An 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 the Trustee Company and the Company Trustee, to protect the Company, the Trustee, any agent thereof Trustee or any authenticating agent Agent from any loss that which any of them may suffer if a Security is replaced. The Company or the Trustee may charge such Holder for its expenses in replacing a Security. Every replacement Security is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Securities duly issued hereunder.

Appears in 1 contract

Samples: Pledge and Security Agreement (Brooke Group LTD)

Replacement Securities. If any mutilated Security is surrendered to the Registrar or the Trustee, or the Company and the Trustee receive re- ceive evidence to their satisfaction of the destruction, loss or theft of any Security, the Company shall issue and execute and the Trustee shall authenticate a replacement Security if the Trustee's requirements for replacements of Securities are met. An If the Trustee or the Company so requires, the Holder must supply an indemnity bond must be supplied by the holder that is sufficient in the reasonable judgment of the Trustee and the Company to protect the Company, the Trustee, any agent thereof Agent or any authenticating agent from any loss that which any of them may suffer if a Security is replaced. Every replacement Security shall constitute an additional Obligation of the Company. The Company or and the Trustee may charge the Holder for its their actual out of pocket expenses in replacing a Security. Every replacement Security is an obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Securities duly issued hereunderSecu- rity.

Appears in 1 contract

Samples: Sassco Fashions LTD /De/

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Replacement Securities. If any mutilated Security is surrendered to the Trustee, or the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements for replacements of Securities are met. 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 thereof Authen- ticating Agent or any authenticating agent from any loss that any of them may suffer if a Security is replaced. The Company or the Trustee may charge for its expenses in replacing a Security. Every replacement Security is an obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Securities duly issued hereunder.

Appears in 1 contract

Samples: Community Bank System Inc

Replacement Securities. If any a mutilated Security is surrendered to the Trustee, Registrar or the Trustee or if the Holder of a Security claims that the Security has been lost, destroyed or wrongfully taken, then, in the absence of notice to the Company and or the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Securitythat such Security has been acquired by a bona fide purchaser, the Company shall issue and the Trustee shall authenticate a replacement Security if Security. If required by the Trustee's requirements for replacements of Securities are met. An Trustee or the Company, an indemnity bond must shall be supplied by the holder that is posted, sufficient in the judgment of each of the Company and the Trustee and the Company to protect the Company, the Trustee, any agent thereof Trustee or any authenticating agent Paying Agent from any loss that any of them may suffer if a such Security is replaced. The Company or may charge such Holder for the Company's reasonable out-of-pocket expenses in replacing such Security and the Trustee may charge the Company for its the Trustee's expenses in replacing a such Security. Every replacement Security is shall constitute an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Securities duly issued hereunderCompany.

Appears in 1 contract

Samples: Indenture (Lamar Advertising Co)

Replacement Securities. If any mutilated Security is surrendered to the Trustee, or the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements for replacements of Securities are met. 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 thereof Authenticating Agent or any authenticating agent from any loss that any of them may suffer if a Security is replaced. The Company or the Trustee may charge for its expenses in replacing a Security. Every replacement Security is an obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Securities duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Webster Financial Corp)

Replacement Securities. If any mutilated Security is surrendered to the Trustee, or the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements for replacements of Securities are met. 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 thereof Trustee or any authenticating agent Authenticating Agent from any loss that any of them may suffer if as a Security is replacedresult of or in connection with the replacement of any Security. The Company or the Trustee may charge such holder for its expenses in replacing a Security. Every replacement Security is an obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Securities duly issued hereunder.

Appears in 1 contract

Samples: HSBC Usa Capital Trust Vi

Replacement Securities. If any mutilated Security is surrendered to the Trustee, or the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements for replacements of Securities are met. 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 thereof or any authenticating agent Authenticating Agent from any loss that any of them may suffer if a Security is replaced. The Company or the Trustee may charge for its expenses in replacing a Security. Every replacement Security is an obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Securities duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Continucare Corp)

Replacement Securities. If any a mutilated Security is surrendered to the Trustee, Registrar or the Company and if the Trustee receive receives evidence to their its satisfaction of the destructionthat such Security has been lost, loss destroyed or theft of any Securitywrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if Security. If required by the Trustee's requirements for replacements of Securities are met. An Trustee or the Company, such Holder shall furnish an indemnity bond must be supplied by the holder that is sufficient in the judgment of the Trustee Company and the Company Trustee to protect the Company, the Trustee, the Paying Agent, the Registrar and any agent thereof or any authenticating agent co-registrar from any loss that which any of them may suffer if a Security is replaced. The Company or and the Trustee may charge the Holder for its their expenses in replacing a Security. Every replacement Security is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Securities duly issued hereunderCompany.

Appears in 1 contract

Samples: Indenture (Rite Aid Corp)

Replacement Securities. If any mutilated Security is surrendered to the TrusteeTrust- ee, or the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements for replacements replace- ments of Securities are met. 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 thereof or any authenticating agent from any loss that any of them may suffer if a Security is replaced. The Company or the Trustee may charge for its expenses in replacing a Security. Every replacement Security is an obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Securities duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Sovereign Bancorp Inc)

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