Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 87 contracts
Samples: Junior Subordinated Indenture (American Realty Capital Properties, Inc.), Indenture (Novastar Financial Inc), Indenture (Novastar Financial Inc)
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Company or the Trustee to save the Company and the Trustee each of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 61 contracts
Samples: Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Huntington Bancshares Inc/Md), Junior Subordinated Indenture (Macon Financial Corp.)
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Company or the Trustee to save the Company and the Trustee each of them harmless, the Company shall execute and upon receipt thereof the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 60 contracts
Samples: Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (People's United Financial, Inc.), Wilshire Bancorp Inc
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmlessTrustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and of like tenor and aggregate principal amount amount, and bearing a number not contemporaneously outstanding.
Appears in 17 contracts
Samples: Indenture (LPL Financial Holdings Inc.), Supplemental Indenture (LPL Holdings, Inc.), Indenture (LPL Holdings Inc)
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmless, the Company shall execute and the Trustee shall upon receipt of a Company Order authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 13 contracts
Samples: Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc), Junior Subordinated Indenture (Anthracite Capital Inc)
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmlessTrustee, the Company shall execute and and, upon Company Order, the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and of like tenor and aggregate principal amount amount, and bearing a number not contemporaneously outstanding.
Appears in 11 contracts
Samples: Exela Technologies (Exela Technologies, Inc.), Indenture (Exela Technologies, Inc.), Indenture (Charah Solutions, Inc.)
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Company or the Trustee to save the Company and the Trustee each of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and of like tenor and aggregate 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.
Appears in 10 contracts
Samples: Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Lincoln National Corp), Senior Indenture (Lincoln National Corp)
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmlessTrustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 9 contracts
Samples: Securities Purchase and Exchange Agreement, Ormat Technologies, Inc., Ormat Technologies, Inc.
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmless, the Company shall execute and upon receipt thereof the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 4 contracts
Samples: Uici, Meadowbrook Insurance Group Inc, Uici
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmless, the Company shall execute and the Trustee upon receipt of a Company Order shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Homebanc Corp), Arbor Realty Trust Inc, Homebanc Corp
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Company or the Trustee to save each of the Company and the Trustee harmless, the Company shall execute and the Trustee shall shall, upon receipt of a Company Order, authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 4 contracts
Samples: Indenture (RAIT Financial Trust), Subordinated Indenture (Great Wolf Resorts, Inc.), Great Wolf Resorts, Inc.
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmlessTrustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and of like tenor and aggregate principal amount amount, and bearing a number not contemporaneously outstandingOutstanding.
Appears in 4 contracts
Samples: Senior Indenture (Affiliated Managers Group, Inc.), Indenture (Affiliated Managers Group, Inc.), Senior Indenture (Affiliated Managers Group, Inc.)
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmlessTrustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 4 contracts
Samples: Overseas Shipholding Group Inc, Overseas Shipholding Group Inc, Indenture (Norske Skog Canada LTD)
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee or the Company, together with with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to save the Company and the Trustee each of them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and of like tenor and aggregate principal amount amount, and bearing a number not contemporaneously outstanding.
Appears in 3 contracts
Samples: FedNat Holding Co, FEDNAT HOLDING Co, FEDNAT HOLDING Co
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmlessTrustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 3 contracts
Samples: Indenture (Fuisz Technologies LTD), Indenture (Human Genome Sciences Inc), Potlatch Corp
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmlessTrustee, the Company shall will execute and the Trustee shall will authenticate and deliver in exchange therefor a new Security of the same series and of like tenor and aggregate principal amount and having the same stated maturity and bearing the same Interest Rate as such mutilated Security, and bearing a number not contemporaneously outstanding.
Appears in 2 contracts
Samples: Kingsway Financial Services Inc, Kingsway Financial Services Inc
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee Trustee, together with such security or indemnity or both as may be required by the Company or the Trustee to save the Company and the Trustee hold each of them harmless, the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor a new Security of the same series and of like tenor principal amount, original issuance date, Stated Maturity and aggregate principal amount other terms, and bearing a number not contemporaneously outstanding.
Appears in 2 contracts
Samples: Tampa Electric Co, Teco Energy Inc
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmless, the Company shall execute and the Trustee shall shall, upon receipt of a Company Order, authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Thornburg Mortgage Inc), Junior Subordinated Indenture (Thornburg Mortgage Inc)
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Company or the Trustee to save the Company and the Trustee each of them harmless, the Company shall execute and and, upon receipt of a Company Order, the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 2 contracts
Samples: Indenture (Plains Capital Corp), Indenture (North State Bancorp)
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmlessTrustee, the Company shall execute and the Trustee shall upon receipt of a Company Order authenticate and deliver in exchange therefor a new Security of the same series and of like tenor and aggregate principal amount amount, and bearing a number not contemporaneously outstanding.
Appears in 2 contracts
Samples: Indenture (Wright Medical Group N.V.), Atlas Air Worldwide Holdings Inc
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmless, the Company shall execute and the Trustee upon receipt of a Company order shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Capstead Mortgage Corp), Capstead Mortgage Corp
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee Trustee, together with with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to save the Company each of them and the Trustee any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.26
Appears in 2 contracts
Samples: El Paso Natural Gas Co, El Paso Natural Gas Co
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmlessTrustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same Series and of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 2 contracts
Samples: Indenture (Rc2 Corp), Standex International Corp/De/
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered presented to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmlessTrustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and Tranche, and of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 2 contracts
Samples: Indenture (Cleco Corporate Holdings LLC), Collateral Agency Agreement (Puget Energy Inc /Wa)
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Company or the Trustee to save the Company and the Trustee each of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series, of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding, with, if applicable, a Guarantee endorsed thereon, duly executed by the Guarantor.
Appears in 2 contracts
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Company or the Trustee to save the Company and the Trustee each of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series, of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 2 contracts
Samples: MRM Capital Trust Iii, MRM Capital Trust Iii
Mutilated, Destroyed, Lost and Stolen Securities. If (ai) If any mutilated Security is surrendered to the Trustee, or the Company and the Trustee together with receive evidence to their satisfaction of the destruction, loss or theft of any Security, and (ii) there is delivered to the Company and the Trustee such security or indemnity as may be required by the Trustee them to save the Company and the Trustee harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.save
Appears in 1 contract
Samples: Diamond Offshore Drilling Inc
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Company and the Trustee to save the Company and the Trustee harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 1 contract
Samples: Orleans Homebuilders Inc
Mutilated, Destroyed, Lost and Stolen Securities. If (ai) If any mutilated Security is surrendered to the Trustee together with or the Registrar, or (ii) the Company and the Trustee receive evidence to their satisfaction of the ownership thereof and the destruction, loss or theft of any Security, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Company or the Trustee to save the Company and the Trustee harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.that such
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee and the Company to save the Company and the Trustee harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 1 contract
Samples: Pxre Group LTD
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Company or the Trustee to save the Company and the Trustee harmless, the Company shall execute and upon receipt thereof the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 1 contract
Samples: Flagstone Reinsurance Holdings LTD
Mutilated, Destroyed, Lost and Stolen Securities. (ai) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 1 contract
Samples: BRT Realty Trust
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmlessTrustee, the Company shall execute and and, upon receipt of a Company Order, the Trustee or the Authenticating Agent shall authenticate and deliver in exchange therefor a new Security of the same series and of like tenor and aggregate principal amount amount, and bearing a number not contemporaneously outstanding.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmlessTrustee, the Company shall execute and and, upon receipt of a Company Order, the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and of like tenor and aggregate principal amount amount, and bearing a number not contemporaneously outstanding.
Appears in 1 contract
Samples: Affiliated Managers Group, Inc.
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Company or the Trustee to save the Company and the Trustee each of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series, of like tenor and aggregate principal amount and bearing a number not contemporaneously outstandingoutstanding with, if applicable, a Guarantee endorsed thereon duly executed by the Guarantor.
Appears in 1 contract
Samples: MRM Capital Trust Iii
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security Company or indemnity as may be required by to the Trustee to save the Company and the Trustee harmlessTrustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 1 contract
Samples: Indenture (Dusa Pharmaceuticals Inc)
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Company or the Trustee to save each of them harmless, the Company and the Trustee harmless, the Company Guarantor shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series having a duly executed Guarantee and of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee Trustee, together with such security or indemnity as may be required by the Operating Partnership or the Trustee to save the Company each of them and the Trustee any agent of either of them harmless, the Company Operating Partnership shall execute and upon its request the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.not
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee or the Company to save the Company and the Trustee harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 1 contract
Samples: Capitalsource Inc
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmless, the Company and Reading NZ shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Company or the Trustee to save the Company and the Trustee harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Company or the Trustee to save each of the Company and the Trustee harmless, the Company shall execute and the Trustee shall upon receipt of a Company Order authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 1 contract
Samples: New Century Financial Corp
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee Company together with such security or indemnity as may be required by the Trustee Company to save the Company and the Trustee it harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Trustee to save the Company and the Trustee harmlessTrustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor therefore a new Security of the same Series and of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 1 contract
Samples: Standex International Corp/De/
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Company or the Trustee to save the Company and the Trustee each of them harmless, the Company shall execute and the Trustee shall shall, upon receipt of a Company Order, authenticate and deliver in exchange therefor a new Security of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 1 contract
Samples: Indenture (Anthracite Capital Inc)
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Company or the Trustee to save the Company and the Trustee each of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same series and of like tenor and aggregate principal amount and bearing a number not contemporaneously outstanding.
Appears in 1 contract
Samples: Mercantile Bank Corp
Mutilated, Destroyed, Lost and Stolen Securities. (a) If any mutilated Security is surrendered to the Trustee together with such security or indemnity as may be required by the Company or the Trustee to save the Company and the Trustee each of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Security of the same issue and series of like tenor and aggregate principal amount amount, having the same Original Issue Date and Stated Maturity, and bearing a number not contemporaneously outstanding.. If there shall be delivered to the Company and to the Trustee
Appears in 1 contract
Samples: Mellon Bank Corp