Common use of Replacement Notes Clause in Contracts

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 8 contracts

Samples: Indenture (Wheeling Pittsburgh Steel Corp /De), Indenture (Wheeling Pittsburgh Corp /De/), Wheeling Pittsburgh Steel Corp /De

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Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives and the Company receive evidence (which evidence may be from the Trustee) to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 8 contracts

Samples: RFS Partnership Lp, United Musical Instruments Usa Inc, RFS Hotel Investors Inc

Replacement Notes. If any a mutilated Note is surrendered to the Trustee or the Companyif a Holder claims that its Note has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the destructionownership and loss, loss destruction or theft of any such Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied provided by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge the Holder for its the expenses of the Company and the Trustee's expenses Trustee in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 7 contracts

Samples: Block, Inc., Indenture (Tesla, Inc.), Square, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Company, or Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company Company, the Trustee and the Agents may charge for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 7 contracts

Samples: Indenture (Switch, Inc.), Indenture (SYNAPTICS Inc), Indenture (Cars.com Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the CompanyTrustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue execute and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, 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 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 Company and the Trustee may charge a Holder for its and the Trustee's their expenses in replacing a Note. Every replacement Note is shall be an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 5 contracts

Samples: Indenture (Target Hospitality Corp.), Williams Scotsman (WillScot Mobile Mini Holdings Corp.), Supplemental Indenture (Target Hospitality Corp.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee (with respect to the Trustee) and the Company (with respect to 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 Company and/or the Trustee may charge for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 5 contracts

Samples: Indenture (Cogent Communications Holdings, Inc.), Cogent Communications Holdings, Inc., Indenture (Cogent Communications Holdings, Inc.)

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

Appears in 5 contracts

Samples: Supplemental Indenture (W&t Offshore Inc), Intercreditor Agreement (W&t Offshore Inc), Intercreditor Agreement (W&t Offshore Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, Company or if the Trustee receives credible evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's ’s standard requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee determined for itself and the Company determined for itself 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 5 contracts

Samples: Indenture (CURO Group Holdings Corp.), Supplemental Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company, Company or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written receipt of an authentication order of the Company signed by two Officers of the Companyin accordance with Section 2.2, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Trustee and the Company may charge the Holder for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 5 contracts

Samples: Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc), Indenture (Propex International Holdings II Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the CompanyTrustee, or the Company and the Trustee receives and the Company receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's and the Company's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 5 contracts

Samples: Execution (Massic Tool Mold & Die Inc), Credit Agreement (Massic Tool Mold & Die Inc), Indenture (Houston Exploration Co)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the TrusteeTrustee or authenticating agent, upon receipt of an Authentication Order when the written order Notes are in the form of the Company signed by two Officers of the CompanyDefinitive Notes, shall will authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall will be entitled to all of the benefits of this Indenture hereof equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Indenture (Viper Energy Partners LP), Supplemental Indenture (Oasis Petroleum Inc.), Indenture (Rattler Midstream Lp)

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

Appears in 4 contracts

Samples: Escrow Agreement (Echostar DBS Corp), Echostar DBS Corp, Echostar Communications Corp

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

Appears in 4 contracts

Samples: Indenture (Echostar Broadband Corp), Echostar Communications Corp, Echostar Communications Corp

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, 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 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Indenture (CF Industries Holdings, Inc.), Indenture (CF Industries Holdings, Inc.), Indenture (Global Crossing LTD)

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee or the Company, or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Joint Venture Agreement (Greif Brothers Corp), Rent Way Inc, Tousa Delaware Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, Company and the Company or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Company’s or the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a NoteNote (including Trustee’s fees and expenses). Every replacement Note is an additional obligation of the Company and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 4 contracts

Samples: Supplemental Indenture (Red Rock Resorts, Inc.), Supplemental Indenture (Red Rock Resorts, Inc.), Supplemental Indenture (Red Rock Resorts, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company, Company or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written receipt of an authentication order of the Company signed by two Officers of the Companyin 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 Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Trustee and the Company each may charge such Holder for its and the Trustee's their expenses in replacing a such Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Davis-Standard CORP), Indenture (Davis-Standard CORP), Town Sports International Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the CompanyTrustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any NoteNote and the ownership thereof, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers an Officer of the Company, shall authenticate a replacement Note if the Trustee's requirements for replacements of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the reasonable judgment of the Trustee and the Company to protect the Company, the Trustee, any each Agent and any each authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation Obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately ratably with all other Notes duly issued hereunderhereof.

Appears in 3 contracts

Samples: Assumption Agreement (Quaker Holding Co), Indenture (Decisionone Corp /De), Decisionone Corp /De

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Company, or Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company and the Trustee may charge for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Fortrea Holdings Inc.), Indenture (Ardent Health Partners, LLC), Indenture (Ahny-Iv LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company, Company or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written receipt of an authentication order of the Company signed by two Officers of the Companyin 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 Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Trustee and the Company may charge the Holder for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Dan River Inc /Ga/), Indenture (Mobile Mini Inc), Nacg Finance LLC

Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Company, Company or (y) if the Company and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, then the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are metNote. If required by the Trustee or the Company, 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 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 Company may charge for its and the Trustee's Trustee shall charge the Holder for their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 3 contracts

Samples: Indenture (Crescent Energy Co), Indenture (Crescent Energy Co), Indenture (Vine Energy Inc.)

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

Appears in 2 contracts

Samples: Indenture (Amf Bowling Worldwide Inc), Amf Bowling Worldwide Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives and the Company receive evidence (which evidence may be from the Trustee) to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's reasonable requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Radiologix Inc, Radiologix Inc

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

Appears in 2 contracts

Samples: Intercreditor Agreement, www.theconstellation.com

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers an Authentication Order, an Officers’ Certificate and an Opinion of the CompanyCounsel, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company or the Trustee may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company, Company or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge the Holder for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation Obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Air Rental Supply Inc), Pacific Aerospace & Electronics Inc

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

Appears in 2 contracts

Samples: Indenture (Handy & Harman Ltd.), WHX Corp

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s and the Company’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement In case any mutilated, destroyed, lost or wrongfully taken Note has become or is an additional obligation of about to become due and payable, the Company and shall be entitled to all in its discretion may, instead of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderissuing a new Note, pay such Note.

Appears in 2 contracts

Samples: Indenture (Hexacomb CORP), Indenture (Hexacomb CORP)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company, Company or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of each of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: K&f Industries Inc, K&f Industries Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the CompanyTrustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the receipt of a written authentication order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company and the Trustee may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Lomak Petroleum Inc), Indenture (Cumulus Media Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the CompanyTrustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers one Officer of the Company, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by In connection with the replacement of a Note, the Company and the Trustee or the Company, will require an indemnity bond must be supplied by from the Holder that is sufficient in the judgment of the Trustee and 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 Company and the Trustee may charge for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: VWR Corp, VWR Funding, Inc.

Replacement Notes. If any a mutilated Note is surrendered to the Trustee or the Companyif a Holder claims that its Note has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the destructionownership and loss, loss destruction or theft of any such Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's Trustee‟s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied provided by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge the Holder for its the expenses of the Company and the Trustee's expenses Trustee in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and shall be entitled to all of the benefits of this 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 Note Custodian, the Depositary or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements for replacements of Notes are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company and the Trustee may charge for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Caraustar Industries Inc), Caraustar Industries Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company, Company or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written receipt of an authentication order of the Company signed by two Officers of the Companyin accordance with Section 2.2 hereof, shall authenticate a replacement Note if the Trustee's requirements for replacement of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Trustee and the Company may charge the Holder for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Commemorative Brands Inc), Ironton Iron Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Company, or Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note of like tenor if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Passu Intercreditor Agreement (United States Steel Corp), Indenture (United States Steel Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company, Company or the Trustee receives evidence to its reasonable satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's reasonable requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the reasonable judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation Obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Pacific Aerospace & Electronics Inc, Pacific Aerospace & Electronics Inc

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

Appears in 2 contracts

Samples: Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or the Trustee receives and the Company receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's additional requirements set forth below are met. If required by the Trustee or the Company, 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 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Alon Refining Krotz (Alon Refining Krotz Springs, Inc.), Alon Refining Krotz (Alon USA Energy, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the a Company signed by two Officers of the CompanyOrder, shall authenticate a replacement Note if the Trustee's requirements are met, and cancel the mutilated, destroyed, lost or stolen Note, as the case may be. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Magna Entertainment Corp), Indenture (Magna Entertainment Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee and the Company each receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements of this Indenture are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Prime Medical Services Inc /Tx/), Sun Medical Technologies Inc /Ca/

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives and the Company receive evidence (which evidence may be from the Trustee) to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Steinway Musical Instruments Inc), Indenture (CSK Auto Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge the Holder for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Hydrochem International Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Company, or Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee to protect the Trustee and in the judgment of 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 Company and the Trustee may charge the Holder for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Security Agreement (Ocwen Financial Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or if the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Companythereof, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Execution Copy (Coinstar Inc)

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee or the Company, or Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the CompanyIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuer to protect the CompanyIssuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company Issuer may charge for its and the Trustee's expenses in replacing a Note. Every replacement If such mutilated, lost, destroyed or stolen Note has become or is an additional obligation about to become due and payable, the Issuer may in its discretion pay such Note instead of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderreplacing such Note.

Appears in 1 contract

Samples: Indenture (Digitalnet Holdings Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers an Officer of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the reasonable judgment of the Trustee and 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 Company may charge such Holder for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Bissell Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Company, or Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must shall be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Perkins & Marie Callender's Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge the Holder for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Wavetek U S Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company, or Company and the Trustee receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company and the Trustee may charge for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture Assumption Agreement (Advanced Medical Inc)

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

Appears in 1 contract

Samples: Indenture (Huntsman International LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its expenses, including the fees and expenses of the Trustee's expenses Trustee in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Rayovac Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Company, or and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company and the Trustee may charge the Holder for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Dominion Textile (Usa), L.L.C.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, Company or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Kti Inc

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

Appears in 1 contract

Samples: Indenture (Sri Receivables Purchase Co)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the receipt of a written order of the Company signed by two Officers of the Companyauthentication order, shall authenticate a replacement Note if the Trustee's requirements for replacements of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of both the Trustee and 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 Company may charge such Holder for its and the Trustee's reasonable out-of-pocket expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Pf Net Communications Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, Company and the Trustee or the Trustee Company receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, 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 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Supplemental Indenture (Viasystems Group Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the receipt of a written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (SFC New Holdings Inc)

Replacement Notes. If any (a) a mutilated Note is surrendered to the Trustee or (b) the CompanyHolder claims that a Note held by such Holder has been lost, destroyed or wrongfully taken and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Notethereof, the Company shall issue and the TrusteeTrustee shall, upon the receipt of written order of the Company signed by two Officers of request or instructions from the Company, shall authenticate a replacement Note if the Trustee's requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company or Trustee may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Reeves Industries Inc /De/)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the CompanyNotes Custodian, or if the Trustee receives evidence to its satisfaction Holder of the destructiona Note claims that such Note has been lost, loss destroyed or theft of any Notewrongfully taken, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Companyan Officer, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must shall be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company may charge the Holder for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Lomak Petroleum Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and or the Company Company, as the case may be, 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Apparel Retailers Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the CompanyTrustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any NoteNote and the ownership thereof, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers an Officer of the Company, shall authenticate a replacement Note if the Trustee's requirements for replacements of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the reasonable judgment of the Trustee and the Company to protect the Company, the Trustee, any each Agent and any each authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Company and the Trustee may charge for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional obligation Obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately ratably with all other Notes duly issued hereunderhereof.

Appears in 1 contract

Samples: Decisionone Corp /De

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Replacement Notes. If any mutilated Note is surrendered to the Trustee trustee or the Company, Company or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trusteetrustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment judgement of the Trustee and 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 Company or the Trustee may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Kti Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee shall become mutilated, defaced or the Companybe apparently destroyed, lost or stolen, and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Aki Holding Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is 29 36 sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Day International Group Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements are met. If required by (i) the Trustee to protect the Trustee or (ii) the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (SAExploration Holdings, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers one Officer of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or and the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every If, after the delivery of such replacement Note, a bona fide purchaser of the original Note in lieu of which such replacement Note is an additional obligation of was issued presents for payment or registration such original Note, the Company and Trustee shall be entitled to all of recover such replacement Note from the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.Person to whom it was delivered or any Person taking therefrom, except

Appears in 1 contract

Samples: Tri Union Development Corp

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by (i) the Trustee to protect the Trustee or (ii) the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (SAExploration Holdings, Inc.)

Replacement Notes. If any mutilated Note is surrendered by the Holder to the Trustee or the Company, or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers an Officer of the Company, and subject to the following sentence, shall authenticate a replacement Note if the Trustee's requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Panther Transport Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company, Registrar or the Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company Company, the Trustee and the Agents may charge for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. SECTION 2.8.

Appears in 1 contract

Samples: Indenture (Atkore Inc.)

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

Appears in 1 contract

Samples: Orbital Sciences Corp /De/

Replacement Notes. If any a mutilated Note is surrendered to the Trustee or if the CompanyHolder of a Note claims and submits an affidavit or other evidence, or satisfactory to the Trustee, to the Trustee receives evidence to its satisfaction of the destructioneffect that the Note has been lost, loss destroyed or theft of any Notewrongfully taken, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, Trustee shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond must be supplied by the Holder that is or other indemnity, sufficient in the judgment of both the Trustee Company and the Company Trustee, to protect the Company, 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 Company or Registrar may charge such Holder for its and the Trustee's reasonable, out-of-pocket expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderCompany.

Appears in 1 contract

Samples: Indenture (Astor Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company, Company or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written receipt of an authentication order of the Company signed by two Officers of the Companyin accordance with Section 2.2 hereof, shall authenticate a replacement Note if the Trustee's requirements for replacement of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the 37 Company, 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 Company may charge the Holder for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Loomis Fargo & Co

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company, Company or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written receipt of an authentication order of the Company signed by two Officers of the Companyin accordance with Section 2.2 hereof, shall authenticate a replacement Note if the Trustee's requirements for replacement of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Trustee and the Company may charge the Holder for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. SECTION 2.8.

Appears in 1 contract

Samples: Keystone Consolidated Industries Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, Company or if the Trustee receives credible evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's ’s standard requirements are met. If required by the Trustee or the Company, an indemnity bond or other indemnity or security must be supplied by the Holder that is sufficient in the judgment of the Trustee determined for itself and the Company determined for itself 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (CURO Group Holdings Corp.)

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

Appears in 1 contract

Samples: Ap Holdings Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if in accordance with the Trustee's requirements are metprovisions of Section 2.02 hereof. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder requesting the replacement Note that is sufficient in the judgment of the Trustee and 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 Company may charge such Holder for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderhereunder (except for the Note being replaced).

Appears in 1 contract

Samples: Supplemental Indenture (Emmis Operating Co)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company, or Company and the Trustee receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers an Officer of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company and the Trustee may charge for its their expenses (including reasonable attorney's fees and the Trustee's expenses expenses) and any amount sufficient to cover any tax or other governmental charge that may be imposed in connection with replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Laralev Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, 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 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Interhealth Facility Transport, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or the Company, or Company and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, 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 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional a contractual obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Alta Equipment Group Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company, Company or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written receipt of an authentication order of the Company signed by two Officers of the Companyin accordance with Section 2.02, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Trustee and the Company may charge the Holder for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: North American (Griffiths Pile Driving Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the CompanyTrustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue execute and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, 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 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 Company and the Trustee may charge a Holder for its and the Trustee's their expenses in replacing a Note. Every replacement Note is shall be an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Guarantee (Tembec Industries Inc)

Replacement Notes. (a) If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order in accordance with Section 2.02 with respect to such Note, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Dobson Communications Corp)

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

Appears in 1 contract

Samples: Execution Copy (Firstworld Communications Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, Company and the Trustee or the Trustee Company receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of (i) the Trustee to protect the Trustee 41 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Monitoring and Oversight Agreement (Viasystems Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers one Officer of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Desa Holdings Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Greyhound Lines Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements set forth herein are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Flextronics International LTD

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall will authenticate a replacement Note of the same series and bearing a number not contemporaneously outstanding if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Kinder Morgan, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Dollar Financial (Check Mart of New Mexico Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall will issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order in accordance with Section 2.02 hereof, shall will authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Elizabeth Arden Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee and the Company receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trusteeand, upon receipt of a Company Order, the written order of the Company signed by two Officers of the Company, Trustee shall authenticate a replacement Note if the Trustee's requirements are metNote. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder of such Note shall provide indemnity that is sufficient sufficient, in the judgment of the Trustee to protect the Trustee, any of its Agents and any authenticating agent and in the judgment of 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 replacedin connection with such replacement. The If required by the Company, such Holder shall reimburse the Company may charge for its and the Trustee's reasonable expenses in replacing a Noteconnection with such replacement. Every replacement Note is an additional issued in accordance with this Section 2.09 shall be the valid obligation of the Company Company, evidencing the same debt as the destroyed, lost or stolen Note, and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Molina Healthcare Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an "open-penalty" indemnity bond must be supplied by the Holder at its expense that is sufficient in the judgment of the Trustee and 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 Company may charge the Holder for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Key Energy Group Inc)

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

Appears in 1 contract

Samples: Remington Arms Co Inc/

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, Company or if the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, then, in the absence of notice to the Company that the Note has been acquired by a protected purchaser, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, Trustee shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Nci Building Systems Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, in the absence of notice to the Company or the Trustee that the Note has been acquired by a bona fide purchaser, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements are met. If required by the Trustee or the Company, an An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge a Holder for its and the Trustee's their expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Everi Holdings Inc.

Replacement Notes. If (a) any mutilated Note is surrendered to the Trustee or the Company, Company or (b) the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order receipt of the Company signed by two Officers of the Companyan Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Anc Rental Corp

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and the Guarantors and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Riviera Holdings Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company, or Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers an Officer of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's reasonable expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderNotes.

Appears in 1 contract

Samples: Indenture (Axiohm Transaction Solutions Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or the Company, or Company and the Trustee receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its expenses (including the fees and expenses of the Trustee's expenses ) in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Huntsman Polymers Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or the CompanyTrustee, or the Company and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall shall, upon the written request of the Holder thereof, issue and the Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the such Holder that is sufficient in the judgment of the Trustee and 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 Company may charge for its and the Trustee's expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Louisiana Ship Inc

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