Common use of Loss, Theft, Etc Clause in Contracts

Loss, Theft, Etc. of Note. Upon receipt of evidence of the loss, theft, destruction or mutilation of the Note and upon delivery of indemnity reasonably satisfactory to the Borrower (it being understood that the written agreement of the Trustee to indemnify the Borrower shall constitute such indemnity) and, in the case of any such mutilation, upon surrender and cancellation of the mutilated Note, and, in any case, upon reimbursement to the Borrower of any reasonable expense incidental thereto, the Borrower shall make and deliver a new Note of like tenor, in lieu of such lost, stolen or destroyed Note or in exchange for such mutilated Note.

Loss, Theft, Etc. of NoteNotes. Upon receipt by the Borrowers of evidence (i) an affidavit of an authorized officer of any Lender setting forth the fact of loss, theft, theft or destruction or mutilation of any Note and of its ownership of the Note and upon delivery at the time of indemnity reasonably satisfactory to the Borrower (it being understood such loss, theft or destruction; provided, however, that the written agreement of the Trustee such Lender agrees in writing to indemnify the Borrower shall constitute such indemnityLoan Parties, or (ii) and, in the case of any such mutilation, upon surrender and cancellation of the a mutilated Note, and, in any case, upon reimbursement such affidavit or mutilated Note shall be accepted as satisfactory evidence thereof and no further indemnity shall be required as a condition to the Borrower execution and delivery of any reasonable expense incidental thereto, the Borrower shall make and deliver a new Note of like tenor, tenor in lieu of such lost, stolen stolen, destroyed or destroyed mutilated Note or in exchange for such mutilated Notewithout expense to the holder thereof.