Common use of Mutilated, Destroyed, Lost and Stolen Notes Clause in Contracts

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1) any mutilated Note is surrendered to the Indenture Trustee or the Note Registrar, or the Issuer, the Note Registrar or the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (2) there is delivered to the Issuer, the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer, the Note Registrar or the Indenture Trustee that such Note has been acquired by a protected purchaser, the Issuer may execute, and, upon receipt of the documents required by Section 6.3, together with an Issuer’s Certificate, the Indenture Trustee will authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Series or Class, Stated Maturity Date and Initial Note Balance, bearing a number not contemporaneously Outstanding.

Appears in 16 contracts

Samples: Consent Agreement (PennyMac Mortgage Investment Trust), GMSR Participation Agreement (loanDepot, Inc.), Agreement (PennyMac Financial Services, Inc.)

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Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1) any mutilated Note is surrendered to the Indenture Trustee or the Note Registrar, or the Issuer, the Note Registrar or the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (2) there is delivered to the Issuer, the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer, the Note Registrar or the Indenture Trustee that such Note has been acquired by a protected purchaser, the Issuer may execute, and, will execute and upon receipt of the documents required by Section 6.3, together with an Issuer’s Certificate, its request the Indenture Trustee will authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Series or Class, Stated Maturity Date and Initial Note Balance, bearing a number not contemporaneously Outstanding.

Appears in 6 contracts

Samples: Subservicing Agreement (New Residential Investment Corp.), Indenture (Home Loan Servicing Solutions, Ltd.), Indenture (Home Loan Servicing Solutions, Ltd.)

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Indenture Trustee or the Note RegistrarTrustee, or the Issuer, the Note Registrar or Issuer and the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (2ii) there is delivered to the Issuer, the Note Registrar or Issuer and the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer, the Note Registrar Issuer or the Indenture Trustee that such Note has been acquired by a protected purchaser, the Issuer may execute, and, will execute and upon receipt of the documents required by Section 6.3, together with an Issuer’s Certificate, its request the Indenture Trustee will authenticate and deliverdeliver (in the case of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Series series or Classclass, Stated Expected Principal Payment Date, Legal Maturity Date and Initial Note BalanceStated Principal Amount, bearing a number not contemporaneously Outstanding.

Appears in 6 contracts

Samples: Indenture (Daimlerchrysler Master Owner Trust), Indenture (Carco Auto Loan Master Trust), Indenture (Daimlerchrysler Master Owner Trust)

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1i) any mutilated Note is surrendered to the Indenture Trustee or the Note Registrar, or the Issuer, the Note Registrar or the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (2ii) there is delivered to the Issuer, the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer, the Note Registrar or the Indenture Trustee that such Note has been acquired by a protected purchaser, the Issuer may execute, and, will execute and upon receipt of the documents required by Section 6.3, together with an Issuer’s Certificate, its request the Indenture Trustee will authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Series or Class, Stated Maturity Date and Initial Note Balance, bearing a number not contemporaneously Outstanding.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Home Loan Servicing Solutions, Ltd.), Pooling and Servicing Agreement (Home Loan Servicing Solutions, Ltd.), Pooling and Servicing Agreement (Home Loan Servicing Solutions, Ltd.)

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Indenture Trustee or the Note RegistrarTrustee, or the Issuer, the Note Registrar or Issuer and the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (2ii) there is delivered to the Issuer, the Note Registrar or Issuer and the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer, the Note Registrar Issuer or the Indenture Trustee that such Note has been acquired by a protected purchaser, the Issuer may execute, and, will execute and upon receipt of the documents required by Section 6.3, together with an Issuer’s Certificate, its request the Indenture Trustee will authenticate and deliverdeliver (in the case of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Series series, class or Classtranche, Stated Expected Principal Payment Date, Legal Maturity Date and Initial Note BalanceStated Principal Amount, bearing a number not contemporaneously Outstanding.

Appears in 4 contracts

Samples: Indenture (BA Master Credit Card Trust II), Pooling and Servicing Agreement (BA Master Credit Card Trust II), Indenture (BA Credit Card Trust)

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons (if any) appertaining thereto) is surrendered to the Indenture Trustee or the Note RegistrarTrustee, or the Issuer, Issuer and the Note Registrar or the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (2ii) there is delivered to the Issuer, Issuer and the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer, the Note Registrar Issuer or the Indenture Trustee that such Note has been acquired by a protected bona fide purchaser, the Issuer may execute, and, will execute and upon receipt of its request the documents required by Section 6.3, together with an Issuer’s Certificate, the Indenture Trustee will authenticate and deliverdeliver (in the case of Bearer Notes, outside the United Sates), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Series series, class or Classtranche, Stated Expected Principal Payment Date, Legal Maturity Date and Initial Note Balancestated principal amount, bearing a number not contemporaneously Outstanding.

Appears in 3 contracts

Samples: Indenture, Citibank Credit Card Issuance Trust, Citibank Credit Card Master Trust I

Mutilated, Destroyed, Lost and Stolen Notes. (a1) If (1i) any mutilated Note is surrendered to the Indenture Trustee or the Note RegistrarTrustee, or the Issuer, Obligor and the Note Registrar or the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, Note and (2ii) there is delivered to the Issuer, Obligor and the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them harmlessharmless from any loss, liability or expense that they may suffer if such Note is replaced and subsequently presented or otherwise claimed for payment, then, in the absence of notice to the Issuer, the Note Registrar Obligor or the Indenture Trustee that such Note has been acquired by a protected purchaser, the Issuer Obligor may execute, in its discretion execute and, upon receipt request of the documents required by Section 6.3, together with an Issuer’s CertificateObligor, the Indenture Trustee will shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Series or Classseries, Stated Maturity Date Date, and Initial Note Balanceprincipal amount, bearing a number not contemporaneously Outstandingoutstanding.

Appears in 3 contracts

Samples: Agilent Technologies Inc, Agilent Technologies Inc, Broadridge Financial Solutions, Inc.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1i) any mutilated Note is surrendered to the Indenture Trustee or the Note Registrar, or the Issuer, the Note Registrar or the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (2ii) there is delivered to the Issuer, the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer, the Note Registrar or the Indenture Trustee that such Note has been acquired by a protected purchaser, the Issuer may execute, and, will execute and upon receipt of the documents required by Section 6.3, together with an Issuer’s Certificate, its written request the Indenture Trustee or its agent will authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Series Series, Class or ClassTranche, Stated Scheduled Principal Payment Date, Legal Maturity Date and Initial Note BalanceStated Principal Amount, bearing a number not contemporaneously Outstanding.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (National City Bank /), National City Credit Card Master Trust

Mutilated, Destroyed, Lost and Stolen Notes. (a1) If (1i) any mutilated Note is surrendered to the Indenture Trustee or the Note RegistrarTrustee, or the Issuer, Obligor and the Note Registrar or the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, Note and (2ii) there is delivered to the Issuer, Obligor and the Note Registrar or the Indenture Trustee such security or and/or indemnity as may be required by them to save each of them harmlessharmless from any loss, liability or expense that they may suffer if such Note is replaced and subsequently presented or otherwise claimed for payment, then, in the absence of notice to the Issuer, the Note Registrar Obligor or the Indenture Trustee that such Note has been acquired by a protected purchaserpurchaser (as such term is defined in the New York Uniform Commercial Code), the Issuer Obligor may execute, in its discretion execute and, upon receipt of the documents required by Section 6.3, together with an Issuer’s CertificateAuthentication Order, the Indenture Trustee will shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Series or Classseries, Stated Maturity Date Date, and Initial Note Balanceprincipal amount, bearing a number not contemporaneously Outstanding.

Appears in 2 contracts

Samples: Verisign Inc/Ca, Verisign Inc/Ca

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1i) either any mutilated Note is surrendered to the Indenture Trustee or the Note Registrar, Registrar or the Issuer, the Note Registrar or and the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (2ii) there is delivered to the Issuer, the Note Registrar or and the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer, the Note Registrar or the Indenture Trustee that such Note has been acquired by a protected purchaser, the Issuer may execute, and, will execute and upon receipt of its request the documents required by Section 6.3, together with an Issuer’s Certificate, the Indenture Trustee Note Registrar will authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Series Series, Class or ClassTranche, Stated Expected Principal Payment Date, Legal Maturity Date and Initial Note BalanceStated Principal Amount, bearing a number not contemporaneously Outstanding.

Appears in 2 contracts

Samples: Indenture (WF Card Funding LLC), WF Card Issuance Trust

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Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1) any mutilated Note is surrendered to the Indenture Trustee or the Note Registrar, or the Issuer, the Note Registrar or the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (2) there is delivered to the Issuer, the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer, the Note Registrar or the Indenture Trustee that such Note has been acquired by a protected purchaser, the Issuer may execute, and, upon receipt of the documents required by Section 6.3, together with an Issuer’s 's Certificate, the Indenture Trustee will authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Series or Class, Stated Maturity Date and Initial Note Balance, bearing a number not contemporaneously Outstanding.

Appears in 2 contracts

Samples: Indenture (Nationstar Mortgage Holdings Inc.), Nationstar Mortgage Holdings Inc.

Mutilated, Destroyed, Lost and Stolen Notes. (ad) If (1) any mutilated Note is surrendered to the Indenture Trustee or the Note Registrar, or the Issuer, the Note Registrar or the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (2) there is delivered to the Issuer, the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer, the Note Registrar or the Indenture Trustee that such Note has been acquired by a protected purchaser, the Issuer may execute, and, will execute and upon receipt of the documents required by Section 6.3, together with an Issuer’s Certificate, its request the Indenture Trustee will authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Series or Class, Stated Maturity Date and Initial Note Balance, bearing a number not contemporaneously Outstanding.

Appears in 1 contract

Samples: Indenture (New Residential Investment Corp.)

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1) any mutilated Note is surrendered to the Indenture Trustee or the Note Registrar, or the Issuer, the Note Registrar or the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (2) there is delivered to the Issuer, the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer, the Note Registrar or the Indenture Trustee that such Note has been acquired by a protected purchaser, the Issuer may execute, and, upon receipt of the documents required by Section 6.3, together with an Issuer’s Certificate, the Indenture Trustee will authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Series or Class, Stated Maturity Date and Initial Note Balance, bearing a number not contemporaneously Outstanding.. 128

Appears in 1 contract

Samples: Servicing Rights Purchase Agreement (New Residential Investment Corp.)

Mutilated, Destroyed, Lost and Stolen Notes. (ad) If (1) any mutilated Note is surrendered to the Indenture Trustee or the Note Registrar, or the Issuer, the Note Registrar or the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (2) there is delivered to the Issuer, the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer, the Note Registrar or the Indenture Trustee that such Note has been acquired by a protected purchaser, the Issuer may execute, and, upon receipt of the documents required by Section 6.3, together with an Issuer’s Certificate, the Indenture Trustee will authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Series or Class, Stated Maturity Date and Initial Note Balance, bearing a number not contemporaneously Outstanding.

Appears in 1 contract

Samples: Indenture (New Residential Investment Corp.)

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (1i) any mutilated Note is surrendered to the Indenture Trustee or the Note Registrar, or the Issuer, the Note Registrar or the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (2ii) there is delivered to the Issuer, the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer, the Note Registrar or the Indenture Trustee that such Note has been acquired by a protected purchaserpurchaser (as defined in Article 8 of the UCC), the Issuer may execute, and, will execute and upon receipt of the documents required by Section 6.3, together with an Issuer’s Certificate, its request the Indenture Trustee will authenticate and deliver, deliver in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Series or Class, Stated Term Note Maturity Date and Initial Note BalancePrincipal Amount, bearing a number not contemporaneously Outstanding.

Appears in 1 contract

Samples: Servicing Agreement (Enova International, Inc.)

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