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

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any of their agents harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected purchaser, the Issuer shall execute and the Trustee shall, upon Issuer order, authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, shall (i) constitute an original contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 39 contracts

Samples: Indenture (Amcor PLC), Indenture (Amcor PLC), Indenture (Amcor Flexibles North America, Inc.)

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Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity bond as may be required by them to save each of them to hold itself and any of their its agents harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and upon receipt of a Company Order the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series Series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series Series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 20 contracts

Samples: Indenture (Zentalis Pharmaceuticals, Inc.), Indenture (PKST Op, L.P.), Indenture (Precision Biosciences Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In Notwithstanding the provisions of the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 19 contracts

Samples: Indenture (PetroQuest Energy, L.L.C.), Indenture (PetroQuest Energy, L.L.C.), Indenture (Global Signal Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series series, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (ia) evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Security and (iib) such security or indemnity as may be reasonably required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired is held by a protected purchaserPerson purporting to be the owner of such Security, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series series, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by anyone other than the Issuer in the Security Registrar in the name Holder of such Person new Security, and (iii) any such new Security shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 13 contracts

Samples: Indenture (Atlantic City Electric Co), Trust Agreement (Allete Capital Iii), Indenture (Allete Capital Iii)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute execute, the Guarantor shall endorse and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected purchaser, the Issuer Company shall execute execute, the Guarantor shall endorse and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such SecuritySecurity upon compliance with the foregoing provisions. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 11 contracts

Samples: Vale Overseas LTD, Vale Overseas LTD, Indenture (Gerdau Trade II Inc.)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payablepayable or is to be converted, the Issuer Company in its discretion may, instead of issuing a new Security, pay or authorize the conversion of such Security (without surrender thereof save in the case of a mutilated Security). Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement replacement, payment or payment conversion of mutilated, destroyed, lost or stolen Securities.

Appears in 10 contracts

Samples: Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee Trustee, upon receipt of an Issuer Order, shall authenticate and deliver in exchange therefor, therefor a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and the Trustee shallTrustee, upon receipt of an Issuer orderOrder, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series Series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series Series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 10 contracts

Samples: Agency Agreement (Booking Holdings Inc.), Agency Agreement (Booking Holdings Inc.), Indenture (Booking Holdings Inc.)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor, therefor a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Security and (iib) such security or satisfactory indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become, or will become or is about to become within one year, due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series Series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series Series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 9 contracts

Samples: Indenture (First Guaranty Bancshares, Inc.), Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Security and (iib) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 9 contracts

Samples: Indenture (Welltower OP Inc.), Indenture (Welltower OP Inc.), Indenture (Welltower OP Inc.)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer and the Trustee, as applicable may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 9 contracts

Samples: Kayne Anderson MLP Investment CO, Kayne Anderson MLP Investment CO, Kayne Anderson MLP Investment CO

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii2) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected purchaser, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount amount, and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this SectionSection 306, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of counsel to the TrusteeCompany and the fees and expenses of the Trustee and its counsel) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or 306 in lieu of any mutilated, destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany and the respective Guarantors, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that such series and Guarantees duly issued hereunder. The provisions of this Section 306 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 8 contracts

Samples: Indenture (KKR & Co. Inc.), Indenture (KKR & Co. Inc.), Indenture (KKR & Co. Inc.)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series series, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee Trus- tee (ia) evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Security and (iib) such security or indemnity as may be reasonably required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired is held by a protected purchaserPerson purporting to be the owner of such Security, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series series, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by anyone other than the Issuer in the Security Registrar in the name Holder of such Person new Security, and (iii) any such new Security shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 7 contracts

Samples: Texas Utilities Co /Tx/, Montana Power Capital I, Texas Utilities Co /Tx/

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected purchaser, the Issuer shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case If any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerIssuer and each Guarantor, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 7 contracts

Samples: Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and Tranche, and of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (ia) evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Security and (iib) such security or indemnity as may be reasonably required by them to save each of them and any agent of their agents any of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and Tranche, and of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) connected in connection therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by anyone other than the Issuer in the Security Registrar in the name Holder of such Person new Security, and (iii) any such new Security shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 7 contracts

Samples: Security Agreement (Entergy Texas, Inc.), Duke Energy Ohio, Inc., Duke Energy Ohio, Inc.

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to (i) the Issuer Company and the Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Security Security, and (ii) there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any of their agents harmless, then, in the absence of notice to the Issuer or Company and the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and upon its written request the Trustee shall, upon Issuer order, shall authenticate and deliver, in exchange for any such mutilated Security or in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion discretion, may, instead of issuing a new Security, pay any such Security. Upon the issuance of any new Security Securities under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 6 contracts

Samples: Indenture (Colony Financial, Inc.), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the TrusteeTrustee for the series of such Securities, the Issuer shall execute and the such Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding, and having endorsed thereon the Guarantees executed by the Guarantors. If there shall be delivered to the Issuer and the Trustee for the series of such Securities (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the such Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and the upon its request such Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding, and having endorsed thereon the Guarantees executed by the Guarantors. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the TrusteeTrustee for the series of such Securities) connected therewith. Every new Security of any series and the Guarantees endorsed thereon, issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerIssuer and the Guarantors, respectively, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 6 contracts

Samples: Indenture (Trane Technologies Irish Holdings Unlimited Co), Indenture (Ingersoll Rand Co), Indenture (Ingersoll-Rand PLC)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents any of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 6 contracts

Samples: Indenture (Tampa Electric Co), Indenture (Teco Energy Inc), Indenture (Tampa Electric Co)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case If any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 6 contracts

Samples: About, Inc., Indenture (Renaissance Centro Arlington, LLC), Indenture (Renaissance Centro Arlington, LLC)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute, the Subsidiary Guarantors shall execute the Subsidiary Guarantees endorsed thereon, and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them them, each Subsidiary Guarantor and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstandingoutstanding and having endorsed thereon the Subsidiary Guarantees executed by the Subsidiary Guarantors. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany and the respective Subsidiary Guarantors, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 5 contracts

Samples: Indenture (Teucarrier (No. 3) Corp.), Indenture (Neutron Marine Corp.), Neutron Marine Corp.

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected purchaser, the Issuer shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case If any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 5 contracts

Samples: Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the TrusteeTrustee together with such security or indemnity as may be required by the Corporation or the Trustee to save each of them harmless, the Issuer Corporation shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and series, of like tenor and aggregate principal amount amount, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Corporation and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security Security, and (ii) such security or indemnity as may be required by them to save each of them and any of their agents harmless, then, in the absence of notice to the Issuer Corporation or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Corporation shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and series, of like tenor and aggregate principal amount as such destroyed, lost or stolen Security, and bearing a number not contemporaneously outstanding. In case If any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Corporation in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Corporation may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCorporation, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that the same series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 5 contracts

Samples: Indenture (Bank of New York Co Inc), Dime Capital Trust Ii, Dime Bancorp Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 5 contracts

Samples: Indenture (Deutsche Telekom Ag), Energy Income & Growth Fund, Energy Income & Growth Fund

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Issuers shall execute and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Issuers and the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Security and (iib) such security or indemnity bond as may be required by them to save hold each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Issuers or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Issuers shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Issuers in its their discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this SectionSection 2.8, the Issuer Issuers may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series Series issued pursuant to this Section in exchange for any mutilated Security or 2.8 in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerIssuers, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series Series duly issued hereunder. The provisions of this Section 2.8 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 5 contracts

Samples: Landmark Infrastructure Finance Corp., Form of Indenture (LD Acquisition Co 7 LLC), Indenture (Rentech Nitrogen Pasadena Holdings, LLC)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Company or to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and upon the Company's request the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 5 contracts

Samples: Tribune Co, Tribune Co, Belo a H Corp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Security and (iib) such security or indemnity bond as may be required by them to save each of them to hold itself and any of their its agents harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and upon receipt of a Company Order the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such SecuritySecurity following delivery of the documents and security or indemnity required in the preceding paragraph. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series Series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series Series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 5 contracts

Samples: Indenture (Iip-Co 3 LLC), Indenture (Phillips Edison & Company, Inc.), NLCP Operating Partnership Lp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and the same Stated Maturity and aggregate principal amount and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment by the holder of such mutilated, destroyed, lost or stolen Security of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 4 contracts

Samples: Alberto-Culver CO, Indenture (Nalco Chemical Co), Alberto Culver Co

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding, upon which the Parent Guarantor shall execute the Parent Guarantee, and the Trustee shall authenticate and deliver such new Security in exchange for the Security surrendered. If there shall be delivered to the Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected purchaser, the Issuer shall execute, the Parent Guarantor shall execute the Parent Guarantee thereon and upon receipt of a Company Order, the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this SectionSection 2.8, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series Series issued pursuant to this Section in exchange for any mutilated Security or 2.8 in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, Issuer whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series Series duly issued hereunder. The provisions of this Section 2.8 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 4 contracts

Samples: Celanese Americas LLC, Indenture (Celanese Global Relocation LLC), Celanese Global Relocation LLC

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Issuers shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Issuers and the Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii2) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Issuers or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Issuers shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Issuers in its their discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this SectionSection 306, the Issuer Issuers may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of counsel to the TrusteeIssuers and the fees and expenses of the Trustee and its counsel) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or 306 in lieu of any mutilated, destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerIssuers, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that such series duly issued hereunder. The provisions of this Section 306 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 4 contracts

Samples: Indenture (Directv), Indenture (Directv Holdings LLC), Indenture (Directv)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security of any series is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Security and (iib) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. The Trustee may charge the Company for the Trustee's expenses in replacing such Security. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon On the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or 3.06 in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 4 contracts

Samples: Indenture (Innovative Valve Technologies Inc), Pentegra Dental Group Inc, Magnum Hunter Resources Inc

Mutilated, Destroyed, Lost and Stolen Securities. If (i) any mutilated Security is surrendered to the Trustee, Trustee for such Security or the Issuer shall execute Issuers and the Trustee shall authenticate and deliver in exchange therefor, for a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) there is delivered to Issuers and such Trustee such security or indemnity as may be required by them to save hold each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Issuers or the such Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Issuers shall execute and the upon their request such Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security or in exchange for such mutilated Security, a new Security of the same series and of in a like tenor and principal amount and of a like Stated Maturity and with like terms and conditions, and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Issuers in its their discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Issuers may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerIssuers, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 4 contracts

Samples: Meristar Sub 7g (Meristar Hospitality Operating Partnership Lp), Indenture (Meristar Hospitality Operating Partnership Lp), Meristar Hospitality Operating Partnership Lp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and execute, and, upon Company Order the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii2) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected purchaser, the Issuer Company shall execute and the Trustee shall, upon Issuer orderCompany Order, authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount amount, and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this SectionSection 306, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of counsel to the TrusteeCompany and the fees and expenses of the Trustee and its counsel) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or 306 in lieu of any mutilated, destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany and the respective Guarantors, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that such series and Guarantees duly issued hereunder. The provisions of this Section 306 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 4 contracts

Samples: Subordinated Indenture (Royalty Pharma Holdings Ltd.), Subordinated Indenture (Royalty Pharma Holdings Ltd.), Indenture (Royalty Pharma PLC)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Corporation shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like principal amount and tenor and principal amount evidencing the same indebtedness and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Corporation and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Corporation or the Trustee that such Security has been acquired by a protected purchaserpurchaser (as defined in Article 8 of the UCC), the Issuer Corporation shall execute and upon Corporation Order the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like principal amount and tenor and principal amount evidencing the same indebtedness and bearing a number not contemporaneously outstanding. In Notwithstanding the provisions of the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Corporation in its discretion may, instead of issuing a new Security, Security pay such Security. Upon the issuance of any new Security under this Section, the Issuer Corporation may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any mutilated, destroyed, lost or stolen Security, Security shall (i) constitute an original contractual obligation of the IssuerCorporation, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by and the Issuer in the Security Registrar in the name Holders of such Person and (iii) Security shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 4 contracts

Samples: Indenture (Ovintiv Inc.), Ovintiv Inc., Indenture (Encana Corp)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Security and (iib) such security or indemnity bond as may be required by them to save each of them to hold itself and any of their its agents harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and upon receipt of a Company Order the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series Series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series Series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 4 contracts

Samples: Tigo Energy, Inc., Real Good Food Company, Inc., Presto Automation Inc.

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and upon its written request the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security, including a Global Security if the destroyed, lost or stolen Security was a Global Security, of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. A new Security shall have such legends as appeared on the old Security unless the Company determines otherwise. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 4 contracts

Samples: Fingerhut Companies (Fingerhut Companies Inc), Indenture (Dain Rauscher Corp), Dain Rauscher Corp

Mutilated, Destroyed, Lost and Stolen Securities. If (i) any mutilated Security is surrendered to the Trustee, or (ii) the Issuer shall execute Company and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Security Security, and (ii) there is delivered to the Company, any Guarantor and the Trustee, such security or indemnity indemnity, in each case, as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company, any Guarantor or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and upon a Company Request the Trustee shall, upon Issuer order, shall authenticate and deliver, in exchange for any such mutilated Security or in lieu of any such destroyed, lost or stolen Security, a new replacement Security of the same series and of like tenor and principal amount and amount, bearing a number not contemporaneously outstandingoutstanding and each Guarantor shall execute a replacement Subsidiary Guarantee. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new replacement Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax pay all documentary, stamp, or similar issue or transfer taxes or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new replacement Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, and, if applicable, the Subsidiary Guarantees endorsed thereon, shall (i) constitute an original additional contractual obligation of the IssuerCompany and, if applicable, the respective Guarantors, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 4 contracts

Samples: Senior Indenture (Sonic Automotive Inc), Indenture (Sonic Automotive Inc), Senior Indenture (Sonic Automotive 1495 Automall DR Columbus Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If In case any temporary or definitive Security shall become mutilated Security is surrendered to the Trustee(whether by defacement or otherwise) or be destroyed, the Issuer shall execute lost or stolen, and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any of their agents harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute shall, except as otherwise provided in this Section, execute, and upon an Issuer Request, the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Securitymake available for delivery, a new Security of the same series and of like series, tenor and principal amount and amount, bearing a number number, letter or other distinguishing symbol not contemporaneously outstanding. In case any such mutilated, in exchange and substitution for the mutilated Security, or in lieu of and in substitution for the Security so destroyed, lost or stolen stolen. In every case the applicant for a substituted Security has become shall furnish to the Issuer and to the Trustee and any agent of the Issuer or is about the Trustee such security or indemnity as may be required by them to become due and payablesave each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Issuer in its discretion mayand the Trustee and any agent of the Issuer or the Trustee evidence to their satisfaction of the destruction, instead loss or theft of issuing a new Security, pay such SecuritySecurity and of the ownership thereof. Upon the issuance of any new substitute Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the TrusteeTrustee or any Authenticating Agent) connected therewith. In case any Security which has matured or is about to mature or has been called for redemption in full shall become mutilated or be destroyed, lost or stolen, the Issuer may, instead of issuing a substitute Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Security). In every case, the applicant for such payment shall furnish to the Issuer and to the Trustee and any agent of the Issuer or the Trustee such security or indemnity as any of them may require to save each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and the Trustee and any agent of the Issuer or the Trustee evidence to their satisfaction of the destruction, loss or theft of such Security and of the ownership thereof. Every new substitute Security of any series issued pursuant to the provisions of this Section in exchange for by virtue of the fact that any mutilated such Security or in lieu of any is destroyed, lost or stolen Security, shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person anyone and (iii) shall be entitled to all the benefits of (but shall be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Securities of that such series duly issued authenticated and delivered hereunder. The All Securities shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, mutilated (whether by defacement or otherwise) or destroyed, lost or stolen SecuritiesSecurities and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Appears in 4 contracts

Samples: Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee Trustee, upon receipt of a Company Order, Officers’ Certificate and Opinion of Counsel, shall authenticate and deliver in exchange therefor, therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security Security, and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and upon receipt of a Company Order, Officers’ Certificate and Opinion of Counsel the Trustee shall, upon Issuer order, shall authenticate and deliver, in exchange for or in lieu of any such destroyed, lost or stolen Security, a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 4 contracts

Samples: UAG Chantilly AU, LLC, Penske Automotive Group, Inc., United Nissan Inc / Tn

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (ii)(A) any mutilated Security or (B) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save hold each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Issuers or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Issuers shall execute and upon their request the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security or in exchange for such mutilated Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Issuers in its their discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Issuers may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security or in exchange for such mutilated Security, shall (i) constitute an original additional contractual obligation of the IssuerIssuers, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series and the Guarantee duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 4 contracts

Samples: Indenture (Mediacom Capital Corp), Mediacom Capital Corp, Mediacom Capital Corp

Mutilated, Destroyed, Lost and Stolen Securities. If (i) any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, a new for such Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to or the Issuer and the Trustee (i) for a Security receive evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) there is delivered to the Issuer, the Paying Agent and such Trustee such security or indemnity as may be required by them to save hold each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the any Responsible Officer of such Trustee that such Security has been acquired by a protected BONA FIDE purchaser, the Issuer shall execute and the upon its request such Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security or in exchange for such mutilated Security, a new Security of the same series and of in a like tenor and principal amount and of a like Stated Maturity and with like terms and conditions, and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 3 contracts

Samples: Indenture (Cnooc LTD), Indenture (Nexen Inc), Indenture (Nexen Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer or the Guarantor, together with, in proper cases, such security or indemnity as may be required by the Issuer, the Guarantor or the Trustee to save each of them or any agent of either of them harmless, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor principal amount, containing identical terms and principal amount provisions and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer (or the Guarantor) and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security Security, and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Issuer, the Guarantor or the Trustee that such Security has been acquired by a protected purchaserpurchaser (as defined in the Uniform Commercial Code), the Issuer shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor principal amount, containing identical terms and principal amount provisions and bearing a number not contemporaneously outstanding. In Notwithstanding the provisions of the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer (or the Guarantor) may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 3 contracts

Samples: Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security of any series is surrendered to the Trustee, the Issuer Company and any Guarantor thereof shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same such series and having a duly executed Guarantee, if applicable, endorsed thereon, of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company, any Guarantor and the Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Security of any series and (ii2) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of written notice to the Issuer Company, any Guarantor or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company and any Guarantor shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same such series and having a duly executed Guarantee, if applicable, endorsed thereon, of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series Security, and the Guarantee, if any, endorsed thereon, issued pursuant to this Section in exchange for any mutilated Security or in lieu of any mutilated, destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series the same series, and any Guarantees endorsed thereon, duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 3 contracts

Samples: Indenture (Amvescap PLC/London/), Indenture (IVZ Inc), Indenture (INVESCO North American Holdings, Inc.)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated Guarantee is surrendered to the TrusteeTrustee or the Issuer, together with, in proper cases, such security or indemnity as may be required by the Issuer or the Trustee to save each of them or any agent of either of them harmless, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor principal amount, containing identical terms and principal amount provisions and bearing a number not contemporaneously outstanding, with Guarantees, if any, appertaining to the surrendered Security. If there shall be delivered to the Issuer and to the Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Security or Guarantee and (ii2) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security or Guarantee has been acquired by a protected bona fide purchaser, the Issuer shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen SecuritySecurity or in exchange for the Security to which a destroyed, lost or stolen Guarantee, a new Security of the same series and of like tenor principal amount, containing identical terms and principal amount provisions and bearing a number not contemporaneously outstanding, with Guarantees corresponding to the Guarantees, respectively, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen Guarantee appertains. In Notwithstanding the provisions of the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this SectionSection 306, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or 306 in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section 306 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen SecuritiesSecurities or Guarantees.

Appears in 3 contracts

Samples: Cousins Properties LP, Indenture (Columbia Property Trust Operating Partnership, L.P.), Columbia Property Trust, Inc.

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series series, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (ia) evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Security and (iib) such security or indemnity as may be reasonably required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired is held by a protected purchaserPerson purporting to be the owner of such Security, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by anyone other than the Issuer in the Security Registrar in the name Holder of such Person new Security, and (iii) any such new Security shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 3 contracts

Samples: Indenture (Union Electric Co), Indenture (Carolina Power & Light Co), Union Electric Co

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Registrar or the Trustee, the Issuer Company shall execute and issue and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their reasonable satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall issue and execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay to the related Holder the Principal and interest and any other obligations with respect to such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series Series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series Series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 3 contracts

Samples: CNL American Properties Fund Inc, CNL American Properties Fund Inc, CNL American Properties Fund Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Security and (iib) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, deliver in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion discretion, may, instead of issuing a new SecuritySecurity and subject to the above provisions regarding security or indemnity, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section 3.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 3 contracts

Samples: Indenture (Golden Star Resources LTD), Patterson Energy Inc, Stillwater Mining Co /De/

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Corporation shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount amount, having a Guarantee executed by the Guarantor endorsed thereon and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Corporation, the Guarantor and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Corporation, the Guarantor or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Corporation shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount amount, having a Guarantee executed by the Guarantor endorsed thereon and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Corporation or the Guarantor in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Corporation may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series and any Guarantee endorsed thereon issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security and any Guarantee endorsed thereon shall (i) constitute an original additional contractual obligation of the IssuerCorporation and the Guarantor, respectively, whether or not the mutilated, destroyed, lost or stolen Security or Guarantee shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunderhereunder and the Guarantees endorsed on such Securities. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 3 contracts

Samples: Sempra Energy Global Enterprises, Sempra Energy, Sempra Energy Global Enterprises

Mutilated, Destroyed, Lost and Stolen Securities. If (i) any mutilated Security is surrendered to the TrusteeSubordinated Trustee for such Security, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to or the Issuer and the Subordinated Trustee (i) for a Security receive evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) there is delivered to the Issuer and the Subordinated Trustee such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Subordinated Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and upon its request the Subordinated Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security or in exchange for such mutilated Security, a new Security of the same series and of in a like tenor and principal amount and of a like Stated Maturity, if any, and with like terms and conditions and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security (without surrender thereof except in the case of a mutilated Security) if the applicant for such payment shall furnish to the Issuer and the Subordinated Trustee for such Security such security or indemnity as may be required by them to save each of them harmless, and in case of destruction, loss or theft, evidence satisfactory to the Issuer and such Subordinated Trustee and any agent of any of them of the destruction, loss or theft of such Security and the ownership thereof. Upon the issuance of any new Security under this Section, the Issuer may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the all fees and expenses of the TrusteeSubordinated Trustee for such Security) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security or in exchange for any mutilated Security, shall (i) constitute an original additional contractual obligation of the Issuer, Issuer whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Subordinated Indenture equally and proportionately with any and all other Securities of that the same series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 3 contracts

Samples: Prudential Subordinated Indenture (Prudential PLC), Indenture (Prudential PLC), Prudential Subordinated Indenture (Prudential PLC)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company and the Guarantor, as applicable, shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company and the Guarantor, as applicable, shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany and the Guarantor, as applicable, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 3 contracts

Samples: Xtra Finance Corp, Berkshire Hathaway Inc, Berkshire Hathaway Inc

Mutilated, Destroyed, Lost and Stolen Securities. If (i) any mutilated Security is surrendered to the TrusteeTrustee for such Security or the Issuer, the Issuer shall execute Guarantors and the Trustee shall authenticate and deliver in exchange therefor, for a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) there is delivered to the Issuer, the Guarantors and such Trustee such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Issuer, any of the Guarantors or the such Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and the upon its request such Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, Security or in exchange for such mutilated Security a new Security of the same series and of in a like tenor and principal amount and of a like Stated Maturity and with like terms and conditions, and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security (without surrender thereof except in the case of a mutilated Security) if the applicant for such payment shall furnish to the Issuer, the Guarantors and the Trustee for such Security such security or indemnity as may be required by them to save each of them harmless, and in case of destruction, loss or theft, evidence satisfactory to the Issuer, the Guarantors and such Trustee and any agent of any of them of the destruction, loss or theft of such Security and the ownership thereof. Upon the issuance of any new Security under this SectionSection 306, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the all fees and expenses of the TrusteeTrustee for such Security) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or 306 in lieu of any destroyed, lost or stolen Security, Security or in exchange for any mutilated Security shall (i) constitute an original additional contractual obligation of the Issuer, Issuer and the Guarantors whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) and each such new Security shall be registered at any time enforceable by the Issuer in the anyone, and each such new Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that the same series duly issued hereunder. The provisions of this Section 306 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 3 contracts

Samples: Indenture (CubeSmart, L.P.), Brandywine Realty Trust, Brandywine Operating Partnership Lp /Pa

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series and of like tenor and principal amount amount, having and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any of their agents harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and execute, and, the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount amount, and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer or any Guarantor, each in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer or the Guarantors may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, and any Guarantee thereof, shall (i) constitute an original contractual obligation of the IssuerIssuer and the Guarantors, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities and Guarantees of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 3 contracts

Samples: Indenture (WPP PLC), Indenture (WPP Finance 2010), Indenture (WPP Air 1 LTD)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Issuers shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Issuers and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Issuers or the Trustee that such Security has been acquired by a protected purchaser, the Issuer Issuers shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Issuers in its their discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Issuers may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series Series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerIssuers, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series Series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 3 contracts

Samples: Omnicom Group Inc, Omnicom Group Inc, Omnicom Group Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (ii)(A) any mutilated Security or (B) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save hold each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security or in exchange for such mutilated Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security or in exchange for such mutilated Security, shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Mediacom Capital Corp, Mediacom Capital Corp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Issuers shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Issuers and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Issuers or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Issuers shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Issuers in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Issuers may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerIssuers, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (Amerigas Finance Corp), Indenture (Amerigas Finance Corp)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and Tranche, and of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (ia) evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Security and (iib) such security or indemnity as may be reasonably required by them to save each of them and any agent of their agents any of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and Tranche, and of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) connected in connection therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by anyone other than the Issuer in the Security Registrar in the name Holder of such Person new security, and (iii) any such new Security shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (PPL Electric Utilities Corp), PPL Electric Utilities Corp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount number of Securities and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount number of Securities and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become been or is about to become due and payablebe exercised or deemed to be exercised, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Securitydirect the Trustee to treat the same as if it had received the Security together with an irrevocable notice in proper form in respect thereof. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any mutilated, destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Warrant Indenture (Aig Capital Trust I), Warrant Indenture (American International Group Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected purchaser” (as defined in Article 8 of the UCC), the Issuer Company shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In Notwithstanding the provisions of the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Teck Resources (Teck Metals Ltd.), Indenture (Teck Cominco LTD)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute execute, the Guarantor shall endorse and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected purchaser, the Issuer Company shall execute execute, the Guarantor shall endorse and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such SecuritySecurity upon compliance with the foregoing provisions. Upon the issuance of any new Security under this SectionSection 3.5, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or 3.5 in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section 3.5 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (Embraer - Empresa Brasileira De Aeronautica S.A.), Indenture (Embraer - Empresa Brasileira De Aeronautica S.A.)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Issuers shall execute and the Trustee Trustee, at the direction of the Issuers pursuant to an Issuers Order, shall authenticate and deliver in exchange therefor, therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Issuers and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security Security, and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Issuers or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Issuers shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and deliver, in exchange for or in lieu of any such destroyed, lost or stolen Security, a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Issuers in its their discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Issuers may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerIssuers, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (Renee Avenue Health Holdings LLC), CareTrust REIT, Inc.

Mutilated, Destroyed, Lost and Stolen Securities. If (i) any mutilated Security is surrendered to the TrusteeSenior Trustee for such Security, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to or the Issuer and the Senior Trustee (i) for a Security receive evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) there is delivered to the Issuer and the Senior Trustee such security or and/or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of written notice to the Issuer or the Senior Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and the Trustee shall, Guarantor shall endorse and upon Issuer order, Request such Senior Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security or in exchange for such mutilated Security, a new Security of the same series and of in a like tenor and principal amount and of a like Stated Maturity and with like terms and conditions and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security (without surrender thereof except in the case of a mutilated Security) if the applicant for such payment shall furnish to the Issuer and the Senior Trustee for such Security such security and/or indemnity as may be required by them to save each of them harmless, and in case of destruction, loss or theft, evidence satisfactory to the Issuer and such Senior Trustee and any agent of any of them of the destruction, loss or theft of such Security and the ownership thereof. Upon the issuance of any new Security under this Section, the Issuer may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the all fees and expenses of the TrusteeSenior Trustee for such Security) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security or in exchange for any mutilated Security, shall (i) constitute an original additional contractual obligation of the Issuer, Issuer whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Senior Indenture equally and proportionately with any and all other Securities of that the same series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Senior Indenture (Prudential Funding (Asia) PLC), Prudential Funding

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Operating Partnership shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Operating Partnership and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Operating Partnership or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Operating Partnership shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Operating Partnership in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Operating Partnership may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerOperating Partnership, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Vornado Realty Trust, Vornado Realty Trust

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, subject to the provisions of this Section 306, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security Security, and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents harmlesseither of them harmless from and against any and all loss, liability or expense, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security, a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of counsel to the TrusteeIssuer and the fees and expenses of the Trustee and its counsel) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original contractual a separate obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that such series duly issued hereunder. The provisions of this Section are Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall (to the extent lawful) be exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (Notami Hospitals of Louisiana Inc), Indenture (HCA Holdings, Inc.)

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Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, subject to the Issuer provisions of this Section 306, the Issuers shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Issuers and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Issuers or the Trustee to a Responsible Officer that such Security has been acquired by a protected bona fide purchaser, the Issuer Issuers shall execute and and, upon the Issuers’ request the Trustee shall, upon Issuer order, shall authenticate and deliver, in exchange for or in lieu of any such destroyed, lost or stolen Security, a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In Notwithstanding the foregoing provisions of this Section 306, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Issuers in its their discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Issuers may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original contractual a separate obligation of the IssuerIssuers, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that such series duly issued hereunder. The provisions of this Section are Section, as amended or supplemented pursuant to this Indenture with respect to particular Securities or generally, shall be exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Senior Indenture (Williams Partners Finance Corp), Reconciliation And (Williams Partners Finance Corp)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the TrusteeSecurity Registrar, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee Security Registrar (i) evidence to their its satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them the Security Registrar to save each the Issuer, the Security Registrar and any agent of either of them and any of their agents harmless, then, in the absence of notice to the Issuer or the Trustee Security Registrar that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and and, upon Company Order, the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and tenor, principal amount and Stated Maturity and bearing a number not contemporaneously outstanding. If after the delivery of such new Security, a bona fide purchaser of the original Security in lieu of which such new Security was issued presents for payment such original Security, the Issuer and the Security Registrar shall be entitled to recover such new Security from the Person to whom it was delivered or any Person taking therefrom, except a holder in due course, and the Security Registrar, and the Issuer shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expenses incurred by the Issuer or the Security Registrar or any agent of any of them in connection therewith. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payablepayable or shall have become subject to notice of redemption in full, the Issuer in its discretion may, instead of issuing a new SecuritySecurity but otherwise subject to the immediately preceding paragraph, pay such SecuritySecurity without surrender thereof, except that any mutilated security shall be surrendered. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the TrusteeSecurity Registrar) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Share Repurchase Agreement (American International Group Inc), Supplemental Indenture (AerCap Global Aviation Trust)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute execute, and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute execute, and upon the Issuer’s request the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Issuer, in its discretion discretion, may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series Series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series Series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Amended And (Continental Airlines, Inc.), Indenture (United Air Lines Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected purchaser, the Issuer shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In Notwithstanding the provisions of the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (BlackRock Funding, Inc. /DE), BlackRock Inc.

Mutilated, Destroyed, Lost and Stolen Securities. If (i) any mutilated Security is surrendered to the TrusteeTrustee for such Security or the Issuer, the Issuer shall execute Guarantors and the Trustee shall authenticate and deliver in exchange therefor, for a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) there is delivered to the Issuer, the Guarantors and such Trustee such security or indemnity as may be required by them to save each of them and any agent of their agents harmlesseither of them harmless from any loss or liability which any of them may suffer if a Security is replaced and subsequently presented or claimed for payment, then, in the absence of notice to the Issuer Issuer, any of the Guarantors or the such Trustee that such Security has been acquired by a protected purchaser, the Issuer shall execute and the upon its request such Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, Security or in exchange for such mutilated Security a new Security of the same series and of in a like tenor and principal amount and of a like Stated Maturity and with like terms and conditions, and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security (without surrender thereof except in the case of a mutilated Security) if the applicant for such payment shall furnish to the Issuer, the Guarantors and the Trustee for such Security such security or indemnity as may be required by them to save each of them harmless from any loss or liability which any of them may suffer if a Security is replaced and subsequently presented or claimed for payment, and in case of destruction, loss or theft, evidence satisfactory to the Issuer, the Guarantors and such Trustee and any agent of any of them of the destruction, loss or theft of such Security and the ownership thereof. Upon the issuance of any new Security under this SectionSection 306, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the all fees and expenses of the TrusteeTrustee for such Security) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or 306 in lieu of any destroyed, lost or stolen Security, Security or in exchange for any mutilated Security shall (i) constitute an original additional contractual obligation of the Issuer, Issuer and the Guarantors whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) and each such new Security shall be registered at any time enforceable by the Issuer in the anyone, and each such new Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that the same series duly issued hereunder. The provisions of this Section 306 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (Sunstone Hotel Investors, Inc.), Lexington Master Limited Partnership

Mutilated, Destroyed, Lost and Stolen Securities. If If, (a) any mutilated Security of any series is surrendered to the Trustee, or (b) the Issuer shall execute Company and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Security of any series, and (ii) there is delivered to the Company, each Guarantor and the Trustee, such security or indemnity indemnity, in each case, as may be required by them to save each of them and any of their agents harmless, then, in the absence of notice to the Issuer Company, any Guarantor or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and upon its written request the Trustee shall, upon Issuer order, shall authenticate and deliver, in exchange for any such mutilated Security or in lieu of any such destroyed, lost or stolen Security, a new replacement Security of the same that series and of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security of any series has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Securityreplacement Security of that series, pay such Security. Upon the issuance of any new Security replacement Securities of that series under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax pay all documentary, stamp or similar issue or transfer taxes or other governmental charge charges that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new replacement Security of any a series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security of that series shall (i) constitute an original additional contractual obligation of the IssuerCompany and the Guarantors, if any, whether or not the mutilated, destroyed, lost or stolen Security of that series shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that the same series duly issued hereunder. Procedures relating to mutilated, destroyed, lost or stolen Bearer Securities shall be provided pursuant to Section 3.1. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Note (Capital Automotive Reit), Reconciliation And (Capital Automotive Reit)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security or a Security with a mutilated coupon appertaining to it is surrendered to the TrusteeTrustee or Security Registrar, the Issuer shall execute and the Trustee shall authenticate, upon receipt of a Company Order, and deliver or, in the case of Securities issued in global form under the New Safekeeping Structure, the Security Registrar shall authenticate and deliver and the Common Safekeeper shall effectuate in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered , with coupons corresponding to the Issuer and coupons, if any, appertaining to the Trustee (i) evidence to their satisfaction of the destructionsurrendered Security and, loss or theft of if applicable, each Guarantor shall execute any Security and (ii) such security or indemnity as may be required by them to save each of them and any of their agents harmlessGuarantee thereon, thenor, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected purchaser, the Issuer shall execute and the Trustee shall, upon Issuer order, authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost mutilated Security or stolen Security coupon has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to the surrendered Security, pay such Security or coupon. If there shall be delivered to the Issuer and to the Trustee or, in the case of Securities issued in global form under the New Safekeeping Structure, the Security Registrar (i) evidence to their satisfaction of the destruction, loss or theft of any Security or coupon and (ii) 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 Issuer or the Trustee or, in the case of Securities issued in global form under the New Safekeeping Structure, the Security Registrar that such Security or coupon has been acquired by a bona fide purchaser, the Issuer shall execute and upon its request the Trustee shall authenticate, upon receipt of a Company Order, and deliver or, in the case of Securities issued in global form under the New Safekeeping Structure, the Security Registrar shall authenticate and deliver and the Common Safekeeper shall effectuate, in lieu of any such destroyed, lost or stolen Security or in exchange for the Security for which a destroyed, lost or stolen coupon appertains (with all appurtenant coupons not destroyed, lost or stolen), a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding, with coupons corresponding to the coupons, if any, appertaining to such destroyed, lost or stolen Security or to the Security to which such destroyed, lost or stolen coupon appertains. Notwithstanding the provisions of the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security or coupon has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, with coupons corresponding to the coupons, if any, appertaining to such mutilated, destroyed, lost or stolen Security or to the Security to which such mutilated, destroyed, lost or stolen coupon appertains, pay such Security or coupon; provided, however, that payment of principal of (and premium, if any) and interest, if any, on Bearer Securities shall, except as otherwise provided in Section 1002, be payable only at an office or agency located outside the United States and, unless otherwise specified as contemplated by Section 301, any interest on Bearer Securities shall be payable only upon presentation and surrender of the coupons appertaining thereto. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the TrusteeTrustee and Security Registrar, as applicable) connected therewith. Every new Security of any series with its coupons, if any, and, if applicable, any Guarantee thereof, issued pursuant to this Section in exchange for any mutilated Security or in lieu of any mutilated, destroyed, lost or stolen SecuritySecurity or in exchange for a Security to which a mutilated, destroyed, lost or stolen coupon appertains, shall (i) constitute an original additional contractual obligation of the IssuerIssuer and each Guarantor, as applicable, whether or not the mutilated, destroyed, lost or stolen Security and its coupons, if any, or the mutilated, destroyed, lost or stolen coupon shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series and their coupons, if any, duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen SecuritiesSecurities or coupons.

Appears in 2 contracts

Samples: Supplemental Indenture (Boston Scientific Corp), Supplemental Indenture (American Medical Systems Europe B.V.)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the TrusteeTrustee together with such security or indemnity as may be required by the Corporation or the Trustee to save each of them harmless, the Issuer Corporation shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor, therefor a new Security of the same series and of like tenor and aggregate principal amount amount, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Corporation and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents any of them harmless, then, in the absence of notice to the Issuer Corporation or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Corporation shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and aggregate principal amount as such destroyed, lost or stolen Security, and bearing a number not contemporaneously outstanding. In case If any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Corporation in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Corporation may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, Corporation whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that the same series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: South Carolina Electric & Gas Co, Scana Corp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security Note is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefore a new Security of the same series and Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Issuer, the Guarantors and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents any of them harmless, then, in the absence of notice to the Issuer Issuer, the Guarantors or the Trustee that such Security Note has been acquired by a protected purchaser, the Issuer shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen SecurityNote, a new Security of the same series and Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new SecurityNote, pay such SecurityNote. Upon the issuance of any new Security Note under this Section, the Issuer or the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series Note issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Note shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security Note shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series Notes duly issued hereunder. Any Note which is replaced due to destruction, loss or theft shall cease to constitute a binding obligation of the Issuer and shall not be entitled to the benefits of this Indenture unless acquired by a protected purchaser. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen SecuritiesNotes.

Appears in 2 contracts

Samples: Converium Holding Ag, Converium Holding Ag

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Operating Partnership shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Operating Partnership and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Operating Partnership or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Operating Partnership shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Operating Partnership in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Operating Partnership may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerOperating Partnership, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (Vornado Realty Lp), Indenture (Vornado Realty Lp)

Mutilated, Destroyed, Lost and Stolen Securities. If (i) any mutilated Security is surrendered to the TrusteeSubordinated Trustee for such Security, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to or the Issuer and the Subordinated Trustee (i) for a Security receive evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) there is delivered to the Issuer and the Subordinated Trustee such security or and/or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of written notice to the Issuer or the Subordinated Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and the Trustee shall, Guarantor shall endorse and upon Issuer order, Request such Subordinated Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security or in exchange for such mutilated Security, a new Security of the same series and of in a like tenor and principal amount and of a like Stated Maturity and with like terms and conditions and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security (without surrender thereof except in the case of a mutilated Security) if the applicant for such payment shall furnish to the Issuer and the Subordinated Trustee for such Security such security and/or indemnity as may be required by them to save each of them harmless, and in case of destruction, loss or theft, evidence satisfactory to the Issuer and such Subordinated Trustee and any agent of any of them of the destruction, loss or theft of such Security and the ownership thereof. Upon the issuance of any new Security under this Section, the Issuer may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the all fees and expenses of the TrusteeSubordinated Trustee for such Security) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security or in exchange for any mutilated Security, shall (i) constitute an original additional contractual obligation of the Issuer, Issuer whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Subordinated Indenture equally and proportionately with any and all other Securities of that the same series duly issued hereunder. The provisions of this Section 3.06 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (Prudential Funding (Asia) PLC), Prudential Funding

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case If any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerIssuer and each Guarantor, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Willis North America Inc, Willis North America Inc

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee Trustee, at the direction of the Issuer, shall authenticate and deliver in exchange therefor, therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security Security, and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and deliver, in exchange for or in lieu of any such destroyed, lost or stolen Security, a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Sabra Health (Sabra Health Care REIT, Inc.), Sabra Health Care (Sabra Health Care Limited Partnership)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii2) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series with the Guarantees endorsed thereon containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this SectionSection 306, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of counsel to the TrusteeCompany and the fees and expenses of the Trustee and its counsel) connected therewith. Every new Security of any series and Guarantee issued pursuant to this Section in exchange for any mutilated Security or 306 in lieu of any mutilated, destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany and the respective Guarantors, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that such series and Guarantees duly issued hereunder. The provisions of this Section 306 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (Blue Ridge Paper Products LLC), Reynolds Presto Products Inc.

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and upon the written request of any officer of the Company, the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay all outstanding principal and interest on such Security to the Holder of such Security, if there shall be delivered to the Company and the Trustee the items listed in clauses (i) and (ii) in the preceding paragraph. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax tax, fee, assessment or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the TrusteeTrustee and its agents and counsel) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (Maverick Tube Corporation), Maverick Tube Corporation

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series series, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (ia) evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Security and (iib) such security or indemnity as may be reasonably required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series series, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the and any such new Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Agl Resources Inc, Agl Capital Trust Iii

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Operating Partnership shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Operating Partnership and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Operating Partnership or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Operating Partnership shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Operating Partnership in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Operating Partnership may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerOperating Partnership, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Vornado Realty Lp, Vornado Realty Lp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series series, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (ia) evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Security and (iib) such security or indemnity as may be reasonably required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired is held by a protected purchaserPerson purporting to be the owner of such security, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series series, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by anyone other than the Issuer in the Security Registrar in the name Holder of such Person new Security, and (iii) any such new Security shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Midamerican Energy Financing Ii, Midamerican Energy Financing Ii

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the TrusteeTrustee or the Issuer, together with, in proper cases, such security or indemnity as may be required by the Issuer or the Trustee to save each of them or any agent of either of them harmless, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor principal amount, containing identical terms and principal amount provisions and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security Security, and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and upon its written request the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor principal amount, containing identical terms and principal amount provisions and bearing a certificate number not contemporaneously outstanding. In Notwithstanding the provisions of the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunderseries. The provisions of this Section Section, as amended or supplemented, are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (Rait Investment Trust), Indenture (Rait Investment Trust)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Security and (iib) such security or indemnity bond as may be required by them to save hold each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this SectionSection 2.8, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series Series issued pursuant to this Section in exchange for any mutilated Security or 2.8 in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series Series duly issued hereunder. The provisions of this Section 2.8 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee Trustee, at the direction of the Issuer, shall authenticate and deliver in exchange therefor, therefor a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, and having endorsed thereon the Guarantees executed by the Guarantors. If there shall be delivered to the Issuer and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security Security, and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and deliver, in exchange for or in lieu of any such destroyed, lost or stolen Security, a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding, and having endorsed thereon the Guarantees executed by the Guarantors. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series and the Guarantees endorsed thereon issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (Perrigo Finance PLC), Perrigo Finance PLC

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Issuers shall execute execute, and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. Each Guarantor with respect to such Series shall execute the Notation of Guarantee relating to such Security. If there shall be delivered to the Issuer Issuers, any Guarantor and the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Security and (iib) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Issuers or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Issuers shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. Each Guarantor with respect to such Series shall execute the Notation of Guarantee relating to such Security. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Issuers in its their discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Issuers may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series Series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerIssuers, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series Series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Daron Coal Company, LLC, Daron Coal Company, LLC

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Corporation shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new replacement Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding, or, in case any such mutilated Security has become or is about to become due and payable, the Corporation in its discretion may, instead of issuing a new Security, pay such Security. If there shall be delivered to the Issuer Corporation and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Corporation or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Corporation shall execute and upon Corporation Order the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new replacement Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In , or, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Corporation in its discretion may, instead of issuing a new replacement Security, pay such Security. Upon the issuance of any new replacement Security under this Section, the Issuer Corporation may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees fees, and expenses of the Trustee) connected therewith. Every new replacement Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original a contractual obligation of the IssuerCorporation, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Mosaic Co, Mosaic Co

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and Tranche, and of like tenor and principal amount amount, having a Guarantee endorsed thereon and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company, the Guarantor and the Trustee (ia) evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Security and (iib) such security or indemnity as may be reasonably required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company, the Guarantor or the Trustee that such Security has been acquired is held by a protected purchaserPerson purporting to be the owner of such Security, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and Tranche, and of like tenor and principal amount amount, having a Guarantee endorsed thereon and bearing a number not contemporaneously outstanding. In Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company or the Guarantor in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) connected in connection therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security and any Guarantee endorsed thereon shall (i) constitute an original additional contractual obligation of the IssuerCompany and the Guarantor, respectively, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by anyone other than the Issuer in the Security Registrar in the name Holder of such Person new Security, and (iii) any such new Security shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (FPL Group Inc), FPL Group Capital Inc

Mutilated, Destroyed, Lost and Stolen Securities. If (i) any mutilated Security is surrendered to the TrusteeTrustee or the Bank, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) receives evidence to their its satisfaction of the destruction, loss or theft of any Security Security, and (ii) there is delivered to the Bank and the Trustee such security or indemnity as may be required by them to save each of them and any of their agents harmless, then, in the absence of notice to the Issuer Bank or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Bank shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security or in exchange for such mutilated Security, a new Security of the same series and of like tenor tenor, series, Stated Maturity and principal amount and amount, bearing a number not contemporaneously outstandingOutstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Bank in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Bank may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security or in exchange for such mutilated Security shall (i) constitute an original additional contractual obligation of the IssuerBank, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that the same series duly issued hereunder. The provisions provisions, of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (Corpbanca/Fi), Indenture (Corpbanca/Fi)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee Trus tee (ia) evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Security and (iib) such security or indemnity as may be reasonably required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired is held by a protected purchaserPerson purporting to be the owner of such Security, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by anyone other than the Issuer in the Security Registrar in the name Holder of such Person new Security, and (iii) any such new Security shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 2 contracts

Samples: Indenture (Arkansas Power & Light Co), Indenture (Louisiana Power & Light Co /La/)

Mutilated, Destroyed, Lost and Stolen Securities. If (a) any mutilated Security is surrendered to the Trustee, or (b) the Issuer shall execute Issuers and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Security Security, and (ii) there is delivered to the Issuers, any Guarantor and the Trustee, such security or indemnity indemnity, in each case, as may be required by them to save each of them and any of their agents harmless, then, in the absence of notice to the Issuer Company, Finance Corp., any Guarantor or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Issuers shall execute and upon a Company Request the Trustee shall, upon Issuer order, shall authenticate and deliver, in exchange for any such mutilated Security or in lieu of any such destroyed, lost or stolen Security, a new replacement Security of the same series and of like tenor and principal amount and amount, bearing a number not contemporaneously outstandingoutstanding and each Guarantor shall execute a replacement Guarantee. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Issuers in its their discretion may, instead of issuing a new replacement Security, pay such Security. Upon the issuance of any new Security replacement Securities under this Section, the Issuer Issuers may require the payment of a sum sufficient to cover any tax pay all documentary, stamp or similar issue or transfer taxes or other governmental charge charges that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new replacement Security of any series and Guarantee issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerIssuers and any Guarantor, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 1 contract

Samples: Lower Road Associates LLC

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Issuers shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Issuers and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Issuers or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Issuers shall execute and upon their request the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Issuers in its their discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Issuers may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series Series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerIssuers, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series Series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 1 contract

Samples: Indenture (Jones Apparel Group Usa Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the relevant Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the relevant Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them them, the Guarantor and any agent of their agents either of them harmless, then, in the absence of notice to the relevant Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the relevant Issuer shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the relevant Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the relevant Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuerrelevant Issuer and the Guarantor, respectively, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 1 contract

Samples: Indenture (Haleon PLC)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be reasonably required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If the Company becomes aware that any Security replaced pursuant to the foregoing sentence had previously been acquired by a bonafide purchaser, it shall notify the Trustee in writing. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any mutilated, destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 1 contract

Samples: Life Technologies Corp

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the TrusteeTrustee together with such security or indemnity as may be required by Group or the Trustee to hold each of them harmless, the Issuer Group shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor, therefor a new Security of the same issue and series and of like tenor and principal amount amount, having the same Original Issue Date and Stated Maturity and bearing the same interest rate as such mutilated Security, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Group and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security Security, and (ii) such security or indemnity as may be required by them to save hold each of them and any of their agents harmless, then, in the absence of notice to the Issuer Group or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Group shall execute and upon its request the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same issue and series and of like tenor and principal amount amount, having the same Original Issue Date and Stated Maturity and bearing the same interest rate as such destroyed, lost or stolen Security, and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Group in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Group may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerGroup, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 1 contract

Samples: Subordinated Indenture (Delphi Financial Group Inc/De)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute execute, and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and to the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Security and (iib) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute execute, and upon its request, the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series containing identical terms and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer and the Trustee may require the payment of a sum sufficient to cover any tax Tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any mutilated, destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 1 contract

Samples: Indenture (Kimco Realty Corp)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by either of them to save each of them and any agent of their agents either of them completely harmless, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a protected purchaser, the Issuer shall execute and upon its written request the Trustee shall, upon Issuer order, shall authenticate and delivermake available for delivery, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer and the Trustee (without duplication) may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the TrusteeTrustee and reasonable attorneys' fees) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any mutilated, destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 1 contract

Samples: General Media Inc

Mutilated, Destroyed, Lost and Stolen Securities. If (i) any mutilated Security is surrendered to the TrusteeSubordinated Trustee for such Security, the Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to or the Issuer and the Subordinated Trustee (i) for a Security receive evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) there is delivered to the Issuer and the Subordinated Trustee such security or and/or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of written notice to the Issuer or the Subordinated Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer shall execute and the Trustee shall, upon Issuer order, Request such Subordinated Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security or in exchange for such mutilated Security, a new Security of the same series and of in a like tenor and principal amount and of a like Stated Maturity and with like terms and conditions and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Security (without surrender thereof except in the case of a mutilated Security) if the applicant for such payment shall furnish to the Issuer and the Subordinated Trustee for such Security such security and/or indemnity as may be required by them to save each of them harmless, and in case of destruction, loss or theft, evidence satisfactory to the Issuer and such Subordinated Trustee and any agent of any of them of the destruction, loss or theft of such Security and the ownership thereof. Upon the issuance of any new Security under this Section, the Issuer may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the all fees and expenses of the TrusteeSubordinated Trustee for such Security) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security or in exchange for any mutilated Security, shall (i) constitute an original additional contractual obligation of the Issuer, Issuer whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Subordinated Indenture equally and proportionately with any and all other Securities of that the same series duly issued hereunder. The provisions of this Section 3.06 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 1 contract

Samples: Subordinated Indenture (Prudential PLC)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and and, upon receipt of a Company Order, the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and and, upon receipt of a Company Order, the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. The Company may charge the applicable Holder for its expenses in replacing a Security, including reasonable fees and expenses of counsel. For the avoidance of doubt, the Trustee shall not be responsible for any such fees or expenses. In the event any such mutilated, lost, destroyed or wrongfully taken Security has become or is about to become due and payable, the Company in its discretion may pay such Security instead of issuing a new Security in replacement thereof. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 1 contract

Samples: Payton Shipping Corp.

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and proof of ownership of that Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Company and the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the TrusteeTrustee and the Company and their agents and counsel) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 1 contract

Samples: Waddell & Reed Financial Inc

Mutilated, Destroyed, Lost and Stolen Securities. If In case any temporary or definitive Security shall become mutilated Security is surrendered (whether by defacement or otherwise) or be destroyed, lost or stolen, and in the absence of written notice to the TrusteeIssuer or the Trustee that such Security has been acquired by a bona fide purchaser, the Issuer shall execute shall, except as otherwise provided in this Section, execute, and upon an Issuer Request, the Trustee shall authenticate and deliver in exchange thereformake available for delivery, a new Security of the same series and of like series, tenor and principal amount and amount, bearing a number number, letter or other distinguishing symbol not contemporaneously outstanding, in exchange and substitution for the mutilated Security, or in lieu of and in substitution for the Security so destroyed, lost or stolen. If there In every case the applicant for a substituted Security shall be delivered furnish to the Issuer and to the Trustee (i) evidence to their satisfaction and any agent of the destruction, loss Issuer or theft of any Security and (ii) the Trustee such security or indemnity as may be required by them to save each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and the Trustee and any agent of their agents harmless, then, in the absence of notice to the Issuer or the Trustee that evidence to their satisfaction of the destruction, loss or theft of such Security has been acquired by a protected purchaser, the Issuer shall execute and the Trustee shall, upon Issuer order, authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Security, pay such Securityownership thereof. Upon the issuance of any new substitute Security under this Section, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the TrusteeTrustee or any Authenticating Agent) connected therewith. In case any Security which has matured or is about to mature or has been called for redemption in full shall become mutilated or be destroyed, lost or stolen, the Issuer may, instead of issuing a substitute Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Security). In every case, the applicant for such payment shall furnish to the Issuer and to the Trustee and any agent of the Issuer or the Trustee such security or indemnity as any of them may require to save each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and the Trustee and any agent of the Issuer or the Trustee evidence to their satisfaction of the destruction, loss or theft of such Security and of the ownership thereof. Every new substitute Security of any series issued pursuant to the provisions of this Section in exchange for by virtue of the fact that any mutilated such Security or in lieu of any is destroyed, lost or stolen Security, shall (i) constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person anyone and (iii) shall be entitled to all the benefits of (but shall be subject to all the limitations of rights set forth in) this Indenture equally and proportionately with any and all other Securities of that such series duly issued authenticated and delivered hereunder. The All Securities shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, mutilated (whether by defacement or otherwise) or destroyed, lost or stolen SecuritiesSecurities and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Appears in 1 contract

Samples: Indenture (Idacorp Inc)

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Company shall execute execute, the Guarantor shall endorse and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Company or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Company shall execute execute, the Guarantor shall endorse and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Company in its discretion may, instead of issuing a new Security, pay such SecuritySecurity upon compliance with the foregoing provisions. Upon the issuance of any new Security under this Section, the Issuer Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerCompany, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 1 contract

Samples: Vale Overseas LTD

Mutilated, Destroyed, Lost and Stolen Securities. If any mutilated Security is surrendered to the Trustee, the Issuer Issuers shall execute and the Trustee shall authenticate and deliver in exchange therefor, therefor a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Issuer Issuers and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Security and (ii) such security or indemnity as may be required by them to save each of them and any agent of their agents either of them harmless, then, in the absence of notice to the Issuer Issuers or the Trustee that such Security has been acquired by a protected bona fide purchaser, the Issuer Issuers shall execute and the Trustee shall, upon Issuer order, shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Security, a new Security of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Security has become or is about to become due and payable, the Issuer Issuers in its their discretion may, instead of issuing a new Security, pay such Security. Upon the issuance of any new Security under this Section, the Issuer Issuers may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Security of any series issued pursuant to this Section in exchange for any mutilated Security or in lieu of any destroyed, lost or stolen Security, Security shall (i) constitute an original additional contractual obligation of the IssuerIssuers, whether or not the mutilated, destroyed, lost or stolen Security shall be at any time enforceable by anyone, (ii) be registered by the Issuer in the Security Registrar in the name of such Person and (iii) shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Securities of that series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities.

Appears in 1 contract

Samples: Iridium Facilities Corp

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