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

Mutilated, Destroyed, Lost and Stolen Notes. (1) If (i) any mutilated Note is surrendered to the Trustee, or the Obligor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) there is delivered to the Obligor and the 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 Obligor or the Trustee that such Note has been acquired by a bona fide purchaser, the Obligor may in its discretion execute and, upon request of the Obligor, the Trustee 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, Maturity Date, and principal amount, bearing a number not contemporaneously outstanding.

Appears in 6 contracts

Samples: Bottling Group LLC, Pepsi Bottling Group Inc, Bottling Group LLC

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Mutilated, Destroyed, Lost and Stolen Notes. (1) If (i) any mutilated Note is surrendered to the Trustee, or the Obligor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) there is delivered to the Obligor and the 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 Obligor or the Trustee that such Note has been acquired by a bona fide protected purchaser, the Obligor may in its discretion execute and, upon request of the Obligor, the Trustee 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, Maturity Date, and principal amount, bearing a number not contemporaneously outstanding.

Appears in 4 contracts

Samples: Pepsico Inc, Bottling Group LLC, Pepsi Bottling Group Inc

Mutilated, Destroyed, Lost and Stolen Notes. (1) If (i) any mutilated Note is surrendered to the Trustee, or the Obligor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) there is delivered to the Obligor and the 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 Obligor or the Trustee that such Note has been acquired by a bona fide purchaser, the Obligor may in its discretion execute and, upon request of the Obligor, the Trustee 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, Maturity Date, and principal amount, bearing a number not contemporaneously outstanding.

Appears in 2 contracts

Samples: Bottling Group LLC, Bottling Group LLC

Mutilated, Destroyed, Lost and Stolen Notes. (1a) If (i) any mutilated Note is surrendered to the Trustee, or (ii) the Obligor Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Obligor Company and the Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of actual notice to the Obligor Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Obligor may in its discretion Company shall execute and, upon request of the Obligor, and the Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Maturity Date, tenor and principal amount, bearing a number not contemporaneously outstanding.

Appears in 2 contracts

Samples: Xerox Corp, Xerox Corp

Mutilated, Destroyed, Lost and Stolen Notes. (1) If (i) any mutilated Note is surrendered to the Trustee, or the Obligor Obligors shall execute and the Trustee receive shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously Outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) there is delivered to the Obligor and the Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the any Obligor or the Trustee that such Note has been acquired by a bona fide purchaser, the Obligor may in its discretion Obligors shall execute and, upon request of the Obligor, and the Trustee 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, Maturity Date, tenor and principal amount, amount and bearing a number not contemporaneously outstandingOutstanding.

Appears in 2 contracts

Samples: Altiva Financial Corp, Altiva Financial Corp

Mutilated, Destroyed, Lost and Stolen Notes. (1) If (i) any mutilated Note is surrendered to the Trustee, or (ii) the Obligor Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Obligor Company and the 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 Obligor Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Obligor may in its discretion Company shall execute and, and upon request of the Obligor, Company Order the Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Maturity Date, tenor and principal amount, bearing a number not contemporaneously outstanding.

Appears in 1 contract

Samples: Indenture (World Access Inc /New/)

Mutilated, Destroyed, Lost and Stolen Notes. (1a) If (i) any mutilated Note is surrendered to the Trustee, or (ii) the Obligor Corporation and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Obligor Corporation and the 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 Obligor Corporation or the Trustee that such Note has been acquired by a bona fide purchaser, the Obligor may in its discretion Corporation shall execute and, and upon request of the Obligor, Corporation Order the Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Maturity Date, tenor and principal amount, bearing a number not contemporaneously outstanding.

Appears in 1 contract

Samples: Indenture (Nova Chemicals Corp /New)

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Mutilated, Destroyed, Lost and Stolen Notes. (1a) If (i) any mutilated Note is surrendered to the Trustee, or the Obligor Issuer and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Obligor Issuer and the 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 Obligor Issuer or the Trustee that such Note has been acquired by a bona fide purchaser, the Obligor may in Issuer will execute and upon its discretion execute and, upon request of the Obligor, the Trustee shall 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, Maturity series, class or tranche, Expected Principal Payment Date, Legal Maturity Date and stated principal amount, bearing a number not contemporaneously outstandingOutstanding.

Appears in 1 contract

Samples: Citibank South Dakota N A

Mutilated, Destroyed, Lost and Stolen Notes. (1a) If (i) any mutilated Note is surrendered to the Issuer or the Trustee, or (ii) the Obligor Issuer and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Obligor Issuer and the Trustee such security or indemnity as may be required by them Note sufficient in the judgment of both the Issuer and the Trustee to save protect each of them harmlessfrom any loss which any of them may suffer if a Note is replaced, then, in the absence of written notice to the Obligor Issuer or the Trustee that such Note has been acquired by a bona fide purchaser, the Obligor may in its discretion Issuer shall execute and, and upon request of the Obligor, an Issuer Request the Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, Maturity Date, tenor and principal amount, bearing a number not contemporaneously outstanding.

Appears in 1 contract

Samples: Indenture (Creative Host Services Inc)

Mutilated, Destroyed, Lost and Stolen Notes. (1) If (i) any mutilated Note is surrendered to the Trustee, or the Obligor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note Note; and (ii) there is delivered to the Obligor and the 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 Obligor or the Trustee that such Note has been acquired by a bona fide purchaser, the Obligor may in its discretion execute and, upon request of the Obligor, the Trustee 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, Maturity Date, and principal amount, bearing a number not contemporaneously outstanding.

Appears in 1 contract

Samples: Gencor Industries Inc

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