Common use of Replacement Notes Clause in Contracts

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 37 contracts

Samples: Twenty Fifth Supplemental Indenture (Cco Holdings LLC), Twenty Fourth Supplemental Indenture (Cco Holdings LLC), Tenth Supplemental Indenture (Cco Holdings LLC)

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Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication a Company Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of each of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 24 contracts

Samples: Indenture (Sunoco LP), Indenture (Sunoco LP), Conveyance and Assumption Agreement (Targa Resources Partners LP)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 22 contracts

Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (CNX Resources Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt the written order of the Issuer signed by an Authentication OrderOfficer of the Issuer, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 20 contracts

Samples: Indenture (BlueLinx Holdings Inc.), Indenture (Triumph Group Inc), Indenture (Ryerson Holding Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of each of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 18 contracts

Samples: Indenture (Antero Midstream Corp), Indenture (Holly Energy Partners Lp), Indenture (Antero Midstream Corp)

Replacement Notes. If any a mutilated Note is surrendered to the Trustee Registrar, or if the Issuers and Holder of a Note claims that the Trustee receives evidence to its satisfaction of the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Issuers Company shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if the requirements of Section 8-405 of the Uniform Commercial Code are met and the Holder satisfies any other reasonable requirements of the Trustee’s requirements are met. If required by the Trustee or the IssuersCompany, such Holder shall furnish an indemnity or a security bond must be supplied by the Holder that is sufficient in the judgment of the Trustee Company and the Issuers Trustee to protect the IssuersCompany, the Trustee, any the Paying Agent and any authenticating agent the Registrar from any loss that which any of them may suffer if a Note is replaced. The Issuers Company and the Trustee may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Company and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately proportionally with all other Notes duly issued hereunder.

Appears in 18 contracts

Samples: Indenture (TransDigm Group INC), TransDigm Group INC, TransDigm Group INC

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 18 contracts

Samples: Directing Holder (Wynn Resorts LTD), Signatures (Wynn Resorts LTD), Signatures (Wynn Las Vegas LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses (including the expenses of the Trustee) in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 17 contracts

Samples: Indenture (Uniti Group Inc.), Indenture (OUTFRONT Media Inc.), Indenture (Uniti Group Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 17 contracts

Samples: Indenture (Avantor, Inc.), Indenture (Sinclair Broadcast Group Inc), Indenture (Avantor, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 16 contracts

Samples: Senior Subordinated Notes Indenture (Claires Stores Inc), Indenture (Freescale Semiconductor, Ltd.), Indenture (NXP Semiconductors N.V.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 14 contracts

Samples: Wynn Las Vegas LLC, Wynn Resorts LTD, Indenture (Madison River Capital LLC)

Replacement Notes. If any a mutilated Note is surrendered to the Trustee Registrar or if the Issuers and Holder of a Note claims that the Trustee receives evidence to its satisfaction of the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if the requirements of Section 8-405 of the Uniform Commercial Code are met and the Holder satisfies any other reasonable requirements of the Trustee’s requirements are met. If required by the Trustee or the Issuers, such Holder shall furnish an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee Issuers and the Issuers Trustee to protect the Issuers, the Trustee, any the Paying Agent and any authenticating agent the Registrar from any loss that which any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunderIssuers.

Appears in 13 contracts

Samples: Indenture (Natural Resource Partners Lp), Indenture (Natural Resource Partners Lp), Indenture (Access Midstream Partners Lp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 13 contracts

Samples: Indenture (Anywhere Real Estate Group LLC), Indenture (Realogy Group LLC), Indenture (Realogy Group LLC)

Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer or (y) the Issuer and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, then the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 12 contracts

Samples: Indenture (Benefit Holding, Inc.), Indenture (Benefit Holding, Inc.), Indenture (Iqvia Holdings Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 12 contracts

Samples: Indenture (Cco Holdings Capital Corp), Indenture (Charter Communications, Inc. /Mo/), Supplemental Indenture (Cco Holdings Capital Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses (including the expenses of the Trustee) in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 10 contracts

Samples: Indenture (Cumulus Media Inc), Second Lien Intercreditor Agreement (Entercom Communications Corp), Indenture (Hill-Rom Holdings, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 10 contracts

Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Company will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersCompany, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the (i) the Trustee and the Issuers to protect the IssuersTrustee and (ii) the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Company may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Company and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 9 contracts

Samples: Indenture (Vantage Drilling International), Indenture (Vantage Drilling International), Indenture (OFFSHORE GROUP INVESTMENT LTD)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 9 contracts

Samples: Indenture (Sunnova Energy International Inc.), Indenture (Sunnova Energy International Inc.), Supplemental Indenture (TerraForm Power, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 9 contracts

Samples: Charter Communications Holdings LLC, Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note of like tenor if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 8 contracts

Samples: Indenture (Community Choice Financial Inc.), Indenture (Community Choice Financial Inc.), Indenture (Community Choice Financial Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and/or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 7 contracts

Samples: Indenture (Zayo Group LLC), Indenture (Zayo Group LLC), Indenture (Tops Holding Ii Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 7 contracts

Samples: Indenture (Ventas Inc), Consent and Agreement (Premier Finance Biloxi Corp), Indenture (Ventas Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if the Trustee’s 's requirements for replacements of Notes are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 7 contracts

Samples: Indenture (Majestic Star Casino LLC), Intercreditor Agreement (Peninsula Gaming Corp), Indenture (Majestic Investor Capital Corp)

Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer or (y) if the Issuer and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, then the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the IssuersTrustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may Issuer and the Trustee shall charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 7 contracts

Samples: Indenture (Alliant Energy Corp), Indenture (Michaels Companies, Inc.), Indenture (Michaels Companies, Inc.)

Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers or (y) if the Issuers and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, then the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee to protect the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may and the Trustee shall charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 7 contracts

Samples: Indenture (Vine Energy Inc.), Indenture (Vine Energy Inc.), Indenture (United States Steel Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee and (ii) the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 7 contracts

Samples: Indenture (Forbes Energy Services Ltd.), Indenture (Forbes Energy Services Ltd.), Notes Purchase Agreement (Forbes Energy Services Ltd.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required Upon written request for replacement of a Note by a Holder, the Trustee or and the Issuers, Issuers shall receive an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge the Holder for their its expenses in replacing a Note, with any expense of the Trustee to be reimbursed in accordance with the terms of this Indenture. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 7 contracts

Samples: Collateral Trust Agreement (Endo International PLC), Indenture (Endo International PLC), Indenture (Endo International PLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee and (ii) the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note, including reasonable fees and expenses of its counsel and of the Trustee and its counsel. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 6 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement, www.shelfdrilling.com

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements set forth in Section 2.2 are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge a Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 6 contracts

Samples: Indenture (Jack Cooper Holdings Corp.), Carrols Restaurant Group, Inc., Indenture (Jack Cooper Logistics, LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 6 contracts

Samples: Indenture (Comdisco Holding Co Inc), Comdisco Holding Co Inc, Comdisco Holding Co Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 5 contracts

Samples: Indenture (Charter Communications, Inc. /Mo/), Seventh Supplemental Indenture (Charter Communications, Inc. /Mo/), Sixth Supplemental Indenture (Charter Communications, Inc. /Mo/)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 5 contracts

Samples: Base Indenture (Dell Technologies Inc.), Base Indenture (Dell Technologies Inc), Base Indenture (Denali Holding Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 5 contracts

Samples: Indenture (Nielsen Holdings PLC), Indenture (Nielsen Holdings PLC), Indenture (Nielsen Holdings PLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses (including the Trustee’s expenses) in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 5 contracts

Samples: Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD), Indenture (MGM Resorts International)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s 's requirements hereunder are met. If required by the Trustee or the Issuerseither Issuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge the applicable Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 5 contracts

Samples: Calpine Corp, Calpine Corp, Delta Energy Center, LLC

Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer or (y) if the Issuer and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, then the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are metNote. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may Issuer and the Trustee shall charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Indenture (Domus Holdings Corp), Indenture (Domus Holdings Corp), Indenture (Realogy Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Holder or Issuers satisfies the reasonable requirements of the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Indenture (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp), Shreveport Capital Corp

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers and the Trustee receives evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Indenture (Avago Technologies LTD), Indenture (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Indenture (Avago Technologies LTD)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Supplemental Indenture (Herbalife Nutrition Ltd.), Indenture (Herbalife Nutrition Ltd.), Indenture (Eagle Rock Energy Partners L P)

Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the holder of a Note presents evidence to the satisfaction of the Issuers and the Trustee receives evidence to its satisfaction of that the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if the Trustee’s requirements of Section 8-405 of the New York Uniform Commercial Code as in effect on the date of this Indenture are met. If required by the Trustee or the Issuers, an An indemnity bond must or other security shall be supplied by the Holder required that is sufficient in the judgment of the Trustee Issuers and the Issuers Trustee to protect the Issuers, the Trustee, Trustee or any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuers and to the Trustee evidence to their satisfaction of the destruction, loss or theft of such Note and the ownership thereof. The Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunderIssuers.

Appears in 4 contracts

Samples: Indenture (Skyterra Communications Inc), Indenture (Skyterra Communications Inc), Harbinger Capital Partners Master Fund I, Ltd.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Issuer Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge a Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Salem Media Group, Inc. /De/, Salem Media Group, Inc. /De/, Indenture (Salem Communications Corp /De/)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives and the Issuers receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss losses, claims, expenses and liabilities that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Charter Communications, Inc. /Mo/), Supplemental Indenture (Charter Communications, Inc. /Mo/), Supplemental Indenture (Charter Communications, Inc. /Mo/)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Berry Petroleum Corp), Supplemental Indenture (Koppers Holdings Inc.), Indenture (Koppers Holdings Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Registrar and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Symbion Inc/Tn), Supplemental Indenture (Symbion Inc/Tn), Usp Mission Hills, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Kraton Corp), Indenture (Nationstar Sub1 LLC), Indenture (Nationstar Sub2 LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Issuer Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Laureate Education, Inc.), Indenture (Laureate Education, Inc.), Indenture (Laureate Education, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Club Regina Resorts Inc, Alliance Laundry Holdings LLC, Alliance Laundry Holdings LLC

Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the holder of a Note presents evidence to the satisfaction of the Issuers and the Trustee receives evidence to its satisfaction of that the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if the Trustee’s requirements of Section 8-405 of the New York Uniform Commercial Code as in effect on the date of this Indenture are met. If required by the Trustee or the Issuers, an An indemnity bond must or other security shall be supplied by the Holder required that is sufficient in the judgment of the Trustee Issuers and the Issuers Trustee to protect the Issuers, the Trustee, Trustee or any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. In every case of destruction, loss or theft, the applicant shall also furnish to the Issuers and to the Trustee evidence to their satisfaction of the destruction, loss or theft of such Note and the ownership thereof. The Issuers and the Trustee may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunderIssuers.

Appears in 3 contracts

Samples: Mobile Satellite (Skyterra Communications Inc), Skyterra Communications Inc, Harbinger Capital Partners Master Fund I, Ltd.

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must 16 be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation Obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental the Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

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

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication a Company Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of each of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes of the same series duly issued hereunder.

Appears in 3 contracts

Samples: Conveyance and Assumption Agreement (Targa Resources Partners LP), Conveyance and Assumption Agreement (Targa Resources Corp.), Conveyance and Assumption Agreement (Targa Resources Partners LP)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Issuer’s and the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Intercreditor Agreement (Saratoga Resources Inc /Tx), Saratoga Resources Inc /Tx

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Insight Communications Co Inc, Decrane Holdings Co

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt the written order of the Issuers signed by an Authentication OrderOfficer of each Issuer, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Foamex International Inc), Indenture (Foamex Capital Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the IssuersTrustee and in the judgment of the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Alpha Natural Resources, Inc.), Indenture (Alpha Natural Resources, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note, including reasonable fees and expenses of counsel and of the Trustee and its counsel. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (MagnaChip Semiconductor LTD (United Kingdom)), Indenture (MagnaChip Semiconductor LTD (United Kingdom))

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either of the Issuers and or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Orderauthentication order in accordance with Section 2.2, shall authenticate a replacement Note if the Trustee’s requirements for replacement of Notes are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Trustee and the Issuers each may charge such Holder for their expenses in replacing a such Note. Every replacement Note is an additional legally binding obligation Obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if the Trustee’s requirements for replacements of Notes are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee and (ii) the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Majestic Holdco, LLC), Usec Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives each receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if the Trustee’s requirements for replacements of Notes are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee and (ii) the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Centrus Energy Corp), Security Agreement (United States Enrichment Corp)

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Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives receive evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Issuers’ and the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Interface Security Systems, L.L.C., Interface Security Systems Holdings Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon the receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of each of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Moog Inc.), Indenture (Moog Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer, the Trustee and the Agents may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Acushnet Holdings Corp.), Papa Johns International Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, Security and/or an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss loss, claim or liability that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their expenses its expenses, including the Trustee’s expenses, in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Supplemental Indenture (Pitney Bowes Inc /De/), Supplemental Indenture (Pitney Bowes Inc /De/)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their expenses its expenses, including the Trustee’s expenses, in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Taylor Morrison Home Corp), Supplemental Indenture (Taylor Morrison Home Corp)

Replacement Notes. If any mutilated Note is surrendered to the Securities Registrar, Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their expenses in replacing a Note. Note.‌ Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture, Indenture

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Restaurant Co of Minnesota, Cogent Management Inc

Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the Issuers and Holder of a Note claims that the Trustee receives evidence to its satisfaction of the destructionNote has been lost, loss destroyed or theft of any Notewrongfully taken, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if the Trustee’s requirements are met. If required by Such Holder must provide evidence satisfactory to the Trustee of such loss, destruction or the Issuerswrongful taking, and an indemnity bond must be supplied by the Holder that is bond, surety or other indemnity, sufficient in the judgment of the Trustee and the Issuers to protect the IssuersTrustee and in the judgment of the Issuer to protect the Issuer, the Trustee, Trustee or any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge such Holder for their respective reasonable out-of-pocket expenses in replacing a NoteNote pursuant to this Section 2.07, including reasonable fees and expenses of counsel. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunderIssuer.

Appears in 2 contracts

Samples: Article Twelve (Navios Maritime Holdings Inc.), Article Twelve (Navios Maritime Holdings Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication a Company Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes of the same series duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Sunoco LP), Indenture (Sunoco LP)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note of like tenor if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Patheon Holdings Cooperatief U.A.), Indenture (Patheon Holdings Cooperatief U.A.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses (including expenses of the Trustee) incurred in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Nathans Famous Inc), Nathans Famous Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Cott Corp /Cn/

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Radio One, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond and/or security must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their its expenses (including with respect to the Issuer, the expenses of the Trustee) in replacing a Note. Every replacement Note is an additional legally binding a contractual obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Hill-Rom Holdings, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Partnership and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Partnership shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Partnership signed by two Officers of the Partnership, shall authenticate a replacement Note of the same series if the Trustee’s 's requirements are met. If required by the Trustee or the IssuersPartnership, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Partnership to protect the IssuersPartnership, the Trustee, any Agent and any authenticating agent Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Issuers Partnership may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Partnership and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Northern Border Partners Lp

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Partnership and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Partnership shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Partnership signed by two Officers of the Partnership, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the IssuersPartnership, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Partnership to protect the IssuersPartnership, the Trustee, any Agent and any authenticating agent Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Issuers Partnership may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Partnership and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Northern Border Partners Lp

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by NY\5800144.17 the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Midamerican Energy Holdings Co /New/)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of each of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (PBF Logistics LP)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Suburban Propane and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Suburban Propane and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Suburban Propane and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Execution Copy (Suburban Propane Partners Lp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication a Company Order, shall will authenticate a replacement Note of the applicable series if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Dte Energy Co

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Issuers Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge a Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: APT Sunshine State LLC

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, Trustee shall authenticate a replacement Note if the Trustee’s 's requirements for replacements of Notes are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer or the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture and the Collateral Documents equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Airtran Holdings Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and or if the Trustee receives credible evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s standard requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (TitleMax of Virginia, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Stargazer Productions)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers Issuer, and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Management Agreement (International Specialty Products Inc /New/)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication a Company Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of each of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Regency Energy Partners LP)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note of the same series if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Charter Communications Inc /Mo/

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication a Company Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of each of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Conveyance and Assumption Agreement (Targa Resources Partners LP)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements set forth in Section 2.2 are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Intercreditor Agreement (Bumble Bee Capital Corp.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue execute and the Trustee, upon receipt of an Authentication Issuer Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge a Holder for their expenses in replacing a Note. Every replacement Note is shall be an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Louisiana-Pacific Corp

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall 47 issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in in, replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Las Vegas Sands Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers an Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Nexstar Broadcasting Group Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note, including the fees and expenses of the Trustee. Every replacement Note is an additional legally binding obligation of the Issuers and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Exterran Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: National Crane Corp

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and Issuer or if the Trustee receives credible evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall Issuer will issue and the Trustee, upon receipt of an Authentication Order, shall will authenticate a replacement Note if the Trustee’s standard requirements are met. If required by the Trustee or the IssuersIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer and the Trustee may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Intercreditor Agreement (Stonemor Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers and the Trustee may charge the Holder requesting such replacement Note for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers as if issued in place of such replaced Note and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Consolidated Container Co LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note issued pursuant to this Section 2.07 is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Emergency Medical Services CORP

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Issuers either Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers may charge for their expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Appalachian Realty Co

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Issuers Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Issuers Issuer shall issue and the Trustee, upon receipt the written order of an Authentication Orderthe Issuer signed by two Officers of the Issuer, shall authenticate a replacement Note if the Trustee’s 's requirements are met. If required by the Trustee or the Issuers, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers Issuer to protect the IssuersIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers Issuer may charge for their its expenses in replacing a Note. Every replacement Note is an additional legally binding obligation of the Issuers Issuer and shall be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Corporate Express Delivery Systems Air Division Inc

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