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 receives evidence to its satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Security 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 Security is replaced. The Company may charge 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 20 contracts

Sources: Subordinated Indenture (Pegasus Communications Corp), Subordinated Indenture (Pennsylvania Real Estate Investment Trust), Senior Indenture (Rli Corp)

Replacement Securities. If any mutilated Security 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 Security, the Company shall issue and the Trustee, upon receipt of an Authentication Orderevidence of authentication in accordance with Section 2.02, shall authenticate a replacement Security if the Trustee's ’s requirements for replacement of Securities 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 Agent and any authenticating agent from any loss that any of them may suffer if a Security is replaced. The Trustee and the Company each may charge such Holder for its their 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 hereunder.

Appears in 14 contracts

Sources: Indenture (Transocean Ltd.), Indenture (Mbia Inc), Subordinated Indenture (Mbia Inc)

Replacement Securities. If any mutilated Security is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Security, the Company shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Security 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 Security is replaced. The Company may charge for its expenses in replacing a Security. Every replacement Security is 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 Securities duly issued hereunder.

Appears in 9 contracts

Sources: Indenture (Clearway Energy LLC), Indenture (Clearway Energy, Inc.), Indenture (Clearway Energy, Inc.)

Replacement Securities. If any mutilated Security is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Security, the Company shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Security 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 Security is replaced. The Company may charge for its expenses in replacing a Security. Every replacement Security is 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 Securities duly issued hereunder.

Appears in 7 contracts

Sources: Indenture (SMART Global Holdings, Inc.), Indenture (Equinix Inc), Indenture (Equinix Inc)

Replacement Securities. If any mutilated Security 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 Security, the Company shall issue and the Trustee, upon receipt of an Authentication Orderevidence of authentication in accordance with Section 2.02, shall authenticate a replacement Security if the Trustee's ’s requirements for replacement of Securities 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 Agent agent and any authenticating agent from any loss that any of them may suffer if a Security is replaced. The Trustee and the Company each may charge such Holder for its their 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 hereunder.

Appears in 5 contracts

Sources: Indenture (Transocean Ltd.), Indenture (Transocean Ltd.), Indenture (Transocean Ltd.)

Replacement Securities. If any a mutilated Security is surrendered to the Trustee or if the Holder of a Security presents evidence to the satisfaction of the Company and the Trustee receives evidence to its satisfaction of that the destructionSecurity has been lost, loss destroyed or theft of any Securitywrongfully taken, the Company shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Security if the Trustee's requirements of the Trustee and the Company are met. If An indemnity bond may be required by the Trustee Company or the Company, an indemnity bond must be supplied by the Holder Trustee that is sufficient in the judgment of the Trustee and the Company to protect the Company, Company and is sufficient in the Trustee, judgment of the Trustee to protect the Trustee or any Agent and any authenticating agent from any loss that any of them which it may suffer if a Security is replaced. The Company and the Trustee may each charge 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 4 contracts

Sources: Indenture (Interpool Inc), Indenture (Interpool Inc), Indenture (Interpool Inc)

Replacement Securities. If any mutilated Security 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 Security, the Company shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Company signed by two Officers of the Company, shall authenticate a replacement Security 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 Paying Agent, the Security Registrar and any authenticating agent Authenticating Agent from any loss that any of them may suffer if a Security is replaced. The Company may charge 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 3 contracts

Sources: Indenture (Clark Refining & Marketing Inc), Indenture (Clark Refining & Marketing Inc), Indenture (Clark Refining & Marketing Inc)

Replacement Securities. If any mutilated Security is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Security 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 Security is replaced. The Company may charge 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 3 contracts

Sources: Senior Subordinated Indenture (Kulicke & Soffa Industries Inc), Subordinated Indenture (Kulicke & Soffa Industries Inc), Indenture (Doane Pet Care Co)

Replacement Securities. If any mutilated Security is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee, upon receipt of an Authentication a Company Order, shall authenticate a replacement Security 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 Security is replaced. The Company may charge 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 3 contracts

Sources: Indenture (NCS of Illinois Inc), Indenture (Ail Technologies Inc), Indenture (NCS of Illinois Inc)

Replacement Securities. If any mutilated Security 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 Security, the Company shall issue and the Trustee, upon receipt the written order of the Company signed by an Authentication OrderOfficer, shall authenticate a replacement Security 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 both Trustee and the Company 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 Security is replaced. The Company may charge such Holder for its reasonable out-of-pocket 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 2 contracts

Sources: Indenture (World Color Press Inc /De/), Indenture (World Color Press Inc /De/)

Replacement Securities. If any mutilated Security is surrendered to the Trustee Trustee, or if the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Security, the Company shall issue Issue and the Trustee, upon receipt of an Authentication Orderthe Company's written order signed by two Officers, shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the CompanyCompany requires, the Holder must supply 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 or any authenticating agent from any loss that which any of them may suffer if a Security is replaced. The Company and the Trustee may charge for its expenses in replacing a Security. Every replacement Security is an additional obligation 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

Sources: Indenture (Jordan Industries Inc), Indenture (Jordan Industries Inc)

Replacement Securities. If any mutilated Security 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 Security, the Company shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Company signed by two Officers, shall authenticate a replacement Security 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 the Agent and or any authenticating agent from any loss that which any of them may suffer if a Security is replaced. The Company may charge 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 hereunderCompany.

Appears in 2 contracts

Sources: Supplemental Indenture (Integrated Health Services Inc), Supplemental Indenture (Integrated Health Services Inc)

Replacement Securities. If any a mutilated Security is surrendered to the Trustee or if the Company and Holder of a Security claims that the Trustee receives evidence to its satisfaction of the destructionSecurity has been lost, loss destroyed or theft of any Securitywrongfully taken, the Company shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Security of like tenor, Series and principal amount, bearing a number not assigned to any Security of the same Series then outstanding, 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, Trustee or any Agent and any authenticating agent from any loss that which any of them may suffer if a Security is replaced. The Company may charge such Holder for its expenses in replacing a Security. Every replacement Security is an additional obligation obligations 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

Sources: Indenture (Forest Oil Corp), Subordinated Indenture (Forest Oil Corp)

Replacement Securities. If any mutilated Security 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 Security, the Company shall issue and the Trustee, upon receipt of an Authentication Orderevidence of authentication in accordance with Section 2.02, shall authenticate a replacement Security if the Trustee's ’s requirements for replacement of Securities 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 Agent Trustee and any authenticating agent from any loss that any of them may suffer if a Security is replaced. The Trustee and the Company each may charge such Holder for its their 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 hereunder.

Appears in 1 contract

Sources: Indenture (Noble Corp)

Replacement Securities. If any mutilated Security is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Company signed by two Officers of the Company, shall authenticate a replacement Security if the Trustee's ’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 Agent and any authenticating agent from any loss that any of them may suffer if a Security is replaced. The Company may charge 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

Sources: Indenture (Hard Rock Hotel Inc)

Replacement Securities. If any mutilated Security 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 Security, the Company shall issue and the Trustee, upon receipt the written order of the Company signed by an Authentication OrderOfficer in accordance with Section 2.2, shall authenticate a replacement Security 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 or any authenticating agent from any loss that which any of them may suffer if a Security is replaced. The Company may charge 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

Sources: Indenture (Pioneer Financial Services Inc /De)

Replacement Securities. If any mutilated Security is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee, upon receipt of an Authentication a Company Order, shall authenticate a replacement Security if the Trustee's 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 TrusteeTrustee , any Agent and any authenticating agent from any loss that any of them may suffer if a Security is replaced. The Company may charge 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

Sources: Indenture (Ail Technologies Inc)

Replacement Securities. If any mutilated Security 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 Security, the Company shall issue and the Trustee, upon receipt the written order of the Company signed by an Authentication OrderOfficer, shall authenticate a replacement Security 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 both the Trustee and the Company to protect the Company, the Trustee, any Agent and or any authenticating agent from any loss that which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable out-of-pocket 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

Sources: Indenture (World Color Press Inc /De/)

Replacement Securities. If any mutilated Security is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee, upon receipt of an Authentication Orderevidence of authentication in accordance with Section 2.02, shall authenticate a replacement Security if the Trustee's ’s requirements for replacement of Securities 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 Agent Trustee and any authenticating agent Authenticating Agent from any loss that any of them may suffer if a Security is replaced. The Trustee and the Company each may charge such Holder for its their expenses in replacing a such Security. Every replacement Security is an additional obligation 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

Sources: Indenture (Noble Finance Co)

Replacement Securities. If any mutilated Security is surrendered to the Trustee Trustee, or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Company signed by two Officers of the Company, shall authenticate a replacement Security 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 Security is replaced. The Company may charge 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

Sources: Indenture (Clark Usa Inc /De/)

Replacement Securities. If any mutilated Security is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Security, the Company shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Security 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 Security is replaced. The Company may charge for its expenses in replacing a Security. Every replacement Security of any series is 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 Securities of the same series duly issued hereunder.

Appears in 1 contract

Sources: Indenture (Fortive Corp)

Replacement Securities. If any mutilated Security 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 Security, the Company shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Security if the Trustee's requirements for replacements of Securities are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder holder that is sufficient in the judgment of the Trustee (with regard to its own liability) and the Company to protect the Company, the Trustee, any Agent and 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 duly executed, authenticated and delivered 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

Sources: Indenture (Haven Capital Trust I)

Replacement Securities. If any mutilated Security is surrendered to the Trustee or the Company Revel and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Security, the Company Revel shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Security if the Trustee's ’s requirements are met. If required by the Trustee or the CompanyRevel, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Revel to protect the CompanyRevel, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Security is replaced. The Company Revel may charge for its expenses in replacing a Security. Every replacement Security is an additional obligation of the Company Revel 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

Sources: Indenture (Revel Entertainment Group, LLC)

Replacement Securities. If any a mutilated Security is surrendered to the Trustee or if the Company and Holder of a Security claims that the Trustee receives evidence to its satisfaction of the destructionSecurity has been lost, loss destroyed or theft of any Securitywrongfully taken, the Company shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Security if the Trustee's requirements for replacement of Securities are met. If required by the Trustee Company or the CompanyTrustee, 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 and any Agent and any authenticating agent from any loss that loss, liability, cost or expense which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable out-of-pocket expenses in replacing a Security, including reasonable fees and expenses of counsel. 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

Sources: Indenture (Nbty Inc)

Replacement Securities. If any mutilated Security is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Security, the Company shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Company signed by two Officers of the Company, shall authenticate a replacement Security 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 Agent and any authenticating agent from any loss that any of them may suffer if a Security is replaced. The Company may charge 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

Sources: Indenture (Hard Rock Hotel Inc)