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

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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

Samples: MRM Capital Trust Iii, Mutual Risk Management 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 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

Samples: Indenture (Tropical Sportswear Co Inc)

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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

Samples: American Equity Investment Life 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 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

Samples: Senior Indenture (Mohawk Industries Inc)

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

Samples: Indenture (Sunoco Logistics Partners Lp)

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

Samples: Indenture (Reading International 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 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: Indenture (Flagstone Reinsurance Holdings 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 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

Samples: Note Purchase Agreement (Validus Holdings 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 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

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