Common use of Replacement Notes Clause in Contracts

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either 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 receipt of an authentication order in 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 each may charge such Holder for their expenses in replacing 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 6 contracts

Samples: Indenture (Anchor Glass Container Corp /New), Commemorative Brands Inc, Dole Food Co Inc

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Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofa Issuer Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Trustee Issuer and the Company each Trustee may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual 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 6 contracts

Samples: Indenture (Energy Future Intermediate Holding CO LLC), Collateral Trust Agreement (EFIH Finance Inc.), Collateral Trust Agreement (Energy Future Intermediate Holding CO LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuer and the Trustee receives evidence to its each of their satisfaction of the destruction, loss or theft of any Note, the Company shall Issuer will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 to protect the CompanyTrustee and the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss loss, liability or expense that any of them may suffer if a Note is replaced. The Trustee and the Company each Issuer may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuer 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 6 contracts

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

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company Trustee, or the Registrar, the Issuer and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s and the Issuer’s requirements for replacement 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 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 so replaced. The Trustee and the Company each Issuer may charge such Holder for their its expenses (including the expenses of the Trustee) in replacing such a Note. Every replacement Note is an additional a contractual 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 hereunderunder this Indenture.

Appears in 6 contracts

Samples: Indenture (FTAI Aviation Ltd.), Supplemental Indenture (FTAI Aviation Ltd.), Junior Priority Intercreditor Agreement (FTAI Infrastructure LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual 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 5 contracts

Samples: Indenture (Western Refining, Inc.), Indenture (Toys R Us Inc), Indenture (Hca Inc/Tn)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s and the Issuer’s requirements for replacement 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 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 Trustee and the Company each Issuer may charge such Holder for their its expenses (including the expenses of the Trustee) in replacing such a Note. Every replacement Note is an additional a contractual 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 hereunderunder this Indenture.

Appears in 5 contracts

Samples: Indenture (Meredith Corp), Supplemental Indenture (Meredith Corp), Indenture (Time Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall Issuer will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note if the Trustee's requirements for replacement of Notes 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 loss, liability or expense that any of them may suffer if a Note is replacedreplaced and subsequently presented or claimed for payment. The Trustee and the Company each Issuer may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuer 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 (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, 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 An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the CompanyTrustee and in the judgment of the Issuer to protect the Issuer, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Trustee and the Company each Issuer may charge such Holder for their its expenses (including the expenses of the Trustee) in replacing such a Note. Every replacement Note is an additional a contractual 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 4 contracts

Samples: Indenture (Black Knight, Inc.), SS&C Technologies Holdings Inc, Registration Rights Agreement (SS&C Technologies Holdings Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer, the Trustee and the Company each Agents may charge such Holder for their expenses in replacing such 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 4 contracts

Samples: Indenture (Brinker International, Inc), Indenture (PROG Holdings, Inc.), Indenture (Vertiv Holdings Co)

Replacement Notes. (a) If any mutilated Note is surrendered to the Registrar, the Trustee or either 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 receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Trustee and the Company each Issuer may charge such the Holder for their its expenses in replacing a Note, including reasonable fees and expenses of counsel. In the event of any such Note. Every mutilated, lost, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer in its discretion may pay such Note instead of issuing a new Note in 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 hereunderthereof.

Appears in 4 contracts

Samples: Indenture (Sappi LTD), Indenture (Sappi LTD), Indenture (Sappi LTD)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall Issuer will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 (i) the Trustee for itself and (ii) the Company Issuer to protect the CompanyIssuer, the Trustee, any Agent and any authenticating agent agent, from any loss that any of them may suffer if a Note is replaced. The Trustee and the Company each Issuer may charge such the Holder for their expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuer 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: Intercreditor Agreement (Tronox Holdings PLC), Tronox Holdings PLC, Tronox LTD

Replacement Notes. If (i) any mutilated Note is surrendered to the Trustee or either Trustee, the Company Registrar or the Issuers or (ii) each of the Trustee and the Issuers receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, then the Company Issuers shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, 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 An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Trustee Issuers and the Company each Trustee may charge such the Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuers 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 (J Crew Group Inc), Indenture (J Crew Group Inc), Credit Agreement (J Crew Group Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company Trustee, or the Issuers and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company Issuers shall issue and the Trustee, upon receipt the written order of an authentication order in accordance with Section 2.2 hereofthe Issuers signed by two Officers of each of Consoltex Group and Consoltex USA, shall authenticate a replacement Note if the Trustee's requirements for replacement of Notes are met. If required by the Trustee or the CompanyIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and or the Company Issuers to protect the CompanyIssuers, 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 Issuers may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuers 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 (Consoltex Inc/ Ca), Indenture (Consoltex Inc/ Ca), Indenture (Consoltex Usa Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall Issuers will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements are met. Upon written request for replacement of Notes are met. If required a Note by a Holder, the Trustee or and the Company, Issuers shall receive an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, 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 Issuers may charge such the Holder for their expenses in replacing such a Note, with any expense of the Trustee to be reimbursed in accordance with the terms of this Indenture. Every replacement Note is an additional obligation of the Company Issuers 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 3 contracts

Samples: Supplemental Indenture (Endo International PLC), Paying Agent (Endo International PLC), Horizon Pharma (Horizon Pharma PLC)

Replacement Notes. If any mutilated Note is surrendered to the Registrar, Trustee or either the Company Issuers, or the Trustee receives and the Issuers receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company shall Issuers will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note if the Trustee's ’s and the Issuers’ requirements for replacement 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 (i) the Trustee to protect the Trustee and (ii) the Company Issuers to protect the CompanyIssuers, 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 Trustee and the Company each Issuers may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuers 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 3 contracts

Samples: Indenture, Indenture, Indenture

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofIssuer Authentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Trustee Issuer and the Company each Trustee may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual 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 3 contracts

Samples: Indenture (Energy Future Intermediate Holding CO LLC), Energy Future Intermediate Holding CO LLC, Energy Future Intermediate Holding CO LLC

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either of the Company Issuers or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company Issuers shall issue and the Trustee, upon receipt of an authentication order in 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 An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, 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 Issuers each may charge such Holder for their expenses in replacing such Note. Every replacement Note is an additional obligation of the Company Issuers 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: Superior Essex Inc, Securities Purchase Agreement (Aas Capital Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company shall Issuers will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the CompanyIssuers, an indemnity bond bond, indemnity and/or security must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Trustee Issuers and the Company each Trustee may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuers 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: Supplemental Indenture (Herbalife Ltd.), Indenture (Herbalife Nutrition Ltd.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer, and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by Such Holder requesting a replacement Note shall provide the Trustee or and the Company, Issuer with an indemnity bond must be supplied by the Holder that is sufficient in the reasonable 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 Trustee and the Company each Issuer may charge such the Holder for their its expenses in replacing such a Note, with expenses of the Trustee to be reimbursed in accordance with the terms of this Indenture. Every replacement Note is an additional a contractual 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 (Petco Holdings Inc), Indenture (Petco Holdings Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company Trustee, or the Registrar, the Issuer and the Trustee receives receive evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s and the Issuer’s requirements for replacement 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 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 so replaced. The Trustee and the Company each Issuer may charge such Holder for their its expenses (including the expenses of the Trustee) in replacing such a Note. Every replacement Note is an additional a contractual 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 hereunderunder this Indenture.

Appears in 2 contracts

Samples: Supplemental Indenture (Fortress Transportation & Infrastructure Investors LLC), Fortress Transportation & Infrastructure Investors LLC

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or either the Company Registrar or the Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuers shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the CompanyIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers, the Trustee and the Company each Agents may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuers 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 (American Finance Trust, Inc), Indenture (Global Net Lease, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or either the Company or DIMAC Holdings and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company DIMAC Holdings shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereof, Trustee shall authenticate a replacement Note if the Trustee's requirements for replacement replacements of Notes are met. If required by the Trustee or the CompanyDIMAC Holdings, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company DIMAC Holdings to protect the CompanyDIMAC Holdings, the Trustee, any Agent and or any authenticating agent from any loss that any of them may suffer if a Note is replaced. The DIMAC Holdings or the Trustee and the Company each may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company DIMAC 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 2 contracts

Samples: Securities Purchase Agreement (DMW Worldwide Inc), Dimac Holdings Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or either the Company or 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 receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Company’s and the Trustee's ’s requirements for replacement the replacements of Notes 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 or any authenticating agent from any loss that which any of them may suffer if a Note is replaced. The Trustee and the Company each may charge such Holder for their its expenses (including fees and expenses of the Trustee) in replacing such 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 2 contracts

Samples: Indenture (HHG Distributing, LLC), Indenture (Hhgregg, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuers and the Trustee receives and the Issuers receive evidence (which evidence may be from the Trustee) to its their satisfaction of the destruction, loss or theft of any Note, the Company Issuers shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the CompanyIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, 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 Issuers may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuers 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 (Douglas Dynamics, Inc), Indenture (Douglas Dynamics, Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall Issuer will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements are met. Upon written request for replacement of Notes are met. If required a Note by a Holder, the Trustee or and the Company, Issuer shall receive 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 Trustee and the Company each Issuer may charge such the Holder for their its expenses in replacing such a Note, with any expense of the Trustee to be reimbursed in accordance with the terms of this Indenture. Every replacement Note is an additional obligation of the Company Issuer 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: Supplemental Indenture (Endo International PLC), Indenture (Endo Health Solutions Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall Issuers will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the CompanyIssuers, 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 Issuers to protect the CompanyIssuers, the Trustee, any Agent and any authenticating agent agent, from any loss that any of them may suffer if a Note is replaced. The Trustee and the Company each Issuers may charge such the Holder for their expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuers 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 (Huntsman International LLC), Indenture (Venator Materials PLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company Trustee, or the Issuers and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company Issuers shall issue and the Trustee, upon receipt the written order of the Issuers signed by an authentication order in accordance with Section 2.2 hereofOfficer of each of the Issuers, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the CompanyIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Trustee Issuers and the Company each Trustee may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuers 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: Ryerson Holding Corp, Ryerson International Material Management Services, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall Issuers will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the CompanyIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, 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 Trustee and the Company each Issuers may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuers and shall the Guarantors and 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 (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Guarantors, 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 Issuer may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional a contractual 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 (New Fortress Energy Inc.), Indenture (New Fortress Energy Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuers shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, 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 An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the CompanyTrustee and in the judgment of the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Trustee and the Company each Issuers may charge such Holder for their its expenses (including the expenses of the Trustee) in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuers 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: GoDaddy Inc., GoDaddy Inc.

Replacement Notes. If (x) any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company Issuer or (y) the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, then the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Trustee and the Company each Issuer may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional a contractual 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 (West Corp), Indenture (West Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall Issuer will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note if Note, subject to the Trustee's requirements for replacement of Notes are metimmediately following sentence. If required by the Trustee or the CompanyIssuer, 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 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 Trustee and the Company each Issuer may charge such the Holder thereof for their expenses in replacing a Note. In case any such mutilated Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Note, pay such Note. Every replacement Note is an additional obligation of the Company Issuer and shall will be entitled to all of the benefits of this Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Sears Holdings Corp), Indenture (Sears Holdings Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this First Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 2 contracts

Samples: HCA Holdings, Inc., HCA Holdings, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company Trustee, or the Issuers and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company Issuers shall issue and the Trustee, upon receipt the written order of the Issuers signed by an authentication order in accordance with Section 2.2 hereofOfficer of each Issuer, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the CompanyIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Trustee Issuers and the Company each Trustee may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuers 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: Ryerson Holding Corp, Ryerson International Material Management Services, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuers and the Trustee receives evidence to its each of their satisfaction of the destruction, loss or theft of any Note, the Company shall Issuers will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the CompanyIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the CompanyTrustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss loss, liability or expense that any of them may suffer if a Note is replaced. The Trustee and the Company each Issuers may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuers 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 (Broadcom Cayman L.P.), Indenture (Broadcom LTD)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Ninth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Holdings, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Twenty-Third Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Healthcare, Inc.

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

Appears in 1 contract

Samples: Indenture (Sinclair Broadcast Group Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or any Co-Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall Co-Issuers will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will 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 CompanyCo-Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Trustee and the Company each Co-Issuers may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Co-Issuers 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 (Rivian Automotive, Inc. / DE)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional a contractual 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 1 contract

Samples: Indenture (SeaWorld Entertainment, Inc.)

Replacement Notes. If any mutilated Senior Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Senior Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Senior Note if the Trustee's ’s requirements for replacement of Notes 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 Senior Note is replaced. The Trustee and the Company each Issuer may charge such Holder for their its expenses in replacing such a Senior Note. Every replacement Senior Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Senior Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Sinclair Broadcast Group Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall Issuers will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the CompanyIssuers, 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 Issuers to protect the CompanyIssuers, 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 Issuers may charge such Holder for their its expenses in replacing such a Note, including reasonable fees and expenses of its counsel and of the Trustee and its counsel. Every replacement Note is an additional obligation of the Company Issuers 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 (PRETIUM CANADA Co)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, 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 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 Issuer to protect the CompanyIssuer, the Trustee, any Agent and any authenticating agent agent, from any loss and expense that any of them may suffer if a replaced Note is replacedever presented or otherwise claimed upon for payment. The Trustee and the Company each Issuer may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional a contractual 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 1 contract

Samples: Indenture (National Mentor Holdings, Inc.)

Replacement Notes. If any a mutilated Note is surrendered to the Trustee Registrar, or either if the Company Holder of a Note claims that the Note has been lost, destroyed or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Notewrongfully taken, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereof, Trustee shall authenticate a replacement Note if the requirements of Section 8-405 of the Uniform Commercial Code are met and the Holder satisfies any other reasonable requirements of the Trustee's requirements for replacement of Notes are met. If required by the Trustee or the CompanyIssuer, such Holder shall furnish an indemnity or a security bond must be supplied by the Holder that is sufficient in the judgment of the Trustee Issuer and the Company Trustee to protect the CompanyIssuer, the Trustee, any the Paying Agent and any authenticating agent the Registrar from any loss that which any of them may suffer if a Note is replaced. The Trustee Issuer and the Company each Trustee may charge such the Holder for their expenses in replacing such 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 proportionally with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: TransDigm Group INC

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Seventh Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Holdings, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Twenty-Eighth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Healthcare, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall Issuers will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note of like tenor and principal amount, bearing a number not contemporaneously outstanding, if the Trustee's ’s requirements for replacement 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 Issuers to protect the CompanyIssuers, 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 Issuers may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuers and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Partnership in its discretion may, instead of issuing a new Note, pay such Note.

Appears in 1 contract

Samples: Indenture (Rentech Nitrogen Partners, L.P.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Nineteenth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Healthcare, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company Trustee, or the Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt the written order of the Issuer signed by an authentication order in accordance with Section 2.2 hereofOfficer of the Issuer, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Trustee Issuer and the Company each Trustee may charge such a Holder for their expenses in replacing such 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 1 contract

Samples: Indenture (Kemet Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Thirty-Eighth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Healthcare, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Eighteenth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Healthcare, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuers shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, 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 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 Trustee and its Agents and any authenticating agent authentication Agent, and in the judgment of the Issuers to protect the Issuers and its Agents, from any loss that any of them may suffer if a Note is replaced. The Issuers and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuers 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 (Toys R Us Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, 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 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 Issuer (with respect to the 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual 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 1 contract

Samples: Indenture (Cogent Communications Group Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Third Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Holdings, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall Issuer will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 to protect the CompanyTrustee and any Agent and in the judgment of the Issuer to protect the Issuer, 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 Trustee and the Company each Issuer may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuer 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 (Walter Energy, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either of the Company Issuers or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company Issuers shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereof, 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 An indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, 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 Issuers each may charge such Holder for their expenses in replacing such Note. Every replacement Note is an additional obligation of the Company Issuers 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 (Oak Ridger LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, Table of Contents the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Trustee and the Company each Issuer may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional a contractual 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 1 contract

Samples: Supplemental Indenture (Avantor, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Thirteenth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Holdings, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company Issuers shall issue and the Trusteeissue, and, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, the Trustee shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the CompanyIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, the Trustee, any Agent and any authenticating agent Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Trustee Issuers and the Company each Trustee may charge such Holder for their expenses in replacing such a Note. Every replacement Note issued in accordance with this Section 2.7 is an additional obligation of the Company Issuers 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 (Mobile Storage Group Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall Issuers will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note of like tenor and principal amount, bearing a number not contemporaneously outstanding, if the Trustee's ’s requirements for replacement 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, Trustee 66 and in the Trusteejudgment of the Issuers to protect the Issuers, 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 Issuers may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuers and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Partnership in its discretion may, instead of issuing a new Note, pay such Note.

Appears in 1 contract

Samples: Supplemental Indenture (CVR Energy Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Thirty-Sixth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Healthcare, Inc.

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Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or ACC and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company ACC shall issue and the Trustee, upon receipt the written order of an authentication order in accordance with Section 2.2 hereofACC signed by two Officers of ACC, shall authenticate a replacement Note if the Trustee's requirements for replacement replacements of Notes are met. If required by the Trustee or the CompanyACC, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company ACC to protect the CompanyACC, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Trustee ACC and the Company each Trustee may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company ACC 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: Allbritton Communications Co

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall Issuers will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note of like tenor and principal amount, bearing a number not contemporaneously outstanding, if the Trustee's ’s requirements for replacement 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, Trustee and in the Trusteejudgment of the Issuers to protect the Issuers, 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 Issuers may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuers and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Partnership in its discretion may, instead of issuing a new Note, pay such Note.

Appears in 1 contract

Samples: Supplemental Indenture (CVR Partners, Lp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Thirty-Seventh Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Healthcare, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuers shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the CompanyIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Trustee Issuers and the Company each Trustee may charge such the Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuers 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: Senior Subordinated Notes Indenture (ASC Acquisition LLC)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuers and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall Issuers will issue and the TrusteeTrustee or authenticating agent, upon receipt of an authentication order Authentication Order when the Notes are in accordance with Section 2.2 hereofthe form of Definitive Notes, shall will authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the CompanyIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, 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 Issuers may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuers 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 1 contract

Samples: Supplemental Indenture (Oasis Midstream Partners LP)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or either the Company or Obligors and the Trustee receives evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company Obligors shall issue and the Trustee, upon receipt the written order of an authentication order in accordance with Section 2.2 hereofthe Obligors signed by two Officers of each Obligor, shall authenticate a replacement Note if the Trustee's requirements for replacement of Notes are met. If required by the Trustee or the CompanyObligors, an indemnity bond must be supplied by the Holder holder that is sufficient in the judgment of the Trustee and the Company Obligors to protect the CompanyObligors, 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 Obligors may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Obligors 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 (MGC Communications Inc)

Replacement Notes. If either (x) any mutilated Note is surrendered to the Trustee or either Trustee, the Company Registrar or the Issuer, or (y) if the Issuer and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, then the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order and satisfaction of any other requirements of the Trustee, shall authenticate a replacement Note if the Trustee's requirements for replacement of Notes 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 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 Trustee and the Company each Issuer may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional a contractual 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 1 contract

Samples: Indenture (Clear Channel Communications Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Twenty-Fifth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Base Indenture (HCA Healthcare, Inc.)

Replacement Notes. If (i) any mutilated Note is surrendered to the Trustee or either Trustee, the Company Registrar or the Issuer or (ii) the Issuer and the Trustee receives receive evidence to its their satisfaction of the ownership and destruction, loss or theft of any Note, then the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, 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 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 Trustee Issuer and the Company each Trustee may charge such the applicable Holder for their its expenses in replacing such a Note. Every replacement Note is an additional a contractual 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 1 contract

Samples: Indenture (Michaels Stores Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Twenty-Sixth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Healthcare, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Thirty-Fifth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Healthcare, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Sixteenth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Holdings, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Guarantors, 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 Issuer may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional a contractual 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.. SECTION 2.08

Appears in 1 contract

Samples: ______________________________________________________________________________ Indenture (New Fortress Energy Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Fortieth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Healthcare, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuers shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the CompanyIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Issuers, the Trustee and the Company each Agents may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuers 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 (Bloomin' Brands, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall Issuer will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 (i) the Trustee to protect the Trustee and (ii) the Company Issuer to protect the CompanyIssuer, the Trustee, any Agent and any authenticating agent agent, from any loss that any of them may suffer if a Note is replaced. The Trustee and the Company each Issuer may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuer 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 (QGOG Constellation S.A.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either 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 receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 (i) the Trustee to protect the Trustee and (ii) 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 Trustee and the Company each Issuer may charge such Holder for their its expenses in replacing such a Note, including reasonable fees and expenses of its counsel and of the Trustee and its counsel. Every replacement Note is an additional obligation of the Company Issuer and shall will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.issued

Appears in 1 contract

Samples: Intercreditor Agreement

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Fifth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Holdings, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Eighth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Holdings, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Fifteenth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Holdings, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, or either 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 receipt the written order of an authentication order in accordance with Section 2.2 hereofthe Issuer signed by two Officers of the Issuer, shall authenticate a replacement Note if the Trustee's requirements for replacement of Notes 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 Trustee and the Company each Issuer may charge such Holder for their its expenses, including the fees and expenses of the Trustee in replacing such 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 1 contract

Samples: Indenture (Anchor Holdings Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either 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 receipt of an authentication order Authentication Order in accordance with Section 2.2 hereof2.2, 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 or liability that any of them may suffer if a Note is replaced. The Trustee and the Company may each may charge such the Holder for their expenses in replacing such 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 (MxEnergy Holdings Inc)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company Trustee, or the Registrar, the Issuers and the Trustee receives receive evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuers shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s and the Issuers’ requirements for replacement 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 Issuers to protect the CompanyIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is so replaced. The Trustee and the Company each Issuers may charge such Holder for their expenses (including the expenses of the Trustee) in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuers and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunderunder this Indenture.

Appears in 1 contract

Samples: CONDUENT Inc

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Twenty-Fourth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Healthcare, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Tenth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Holdings, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuers and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuers shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by the Trustee or the CompanyIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company Issuers to protect the CompanyIssuers, the Trustee, any Agent and any authenticating agent from any loss or liability that any of them may suffer if a Note is replacedreplaced and subsequently presented or claimed for payment. The Trustee Issuers and the Company each Trustee may charge such the Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuers 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 (CDW Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company Issuer or 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 receipt the written order of an authentication order in accordance with Section 2.2 hereofthe Issuer signed by two Officers of the Issuer, shall authenticate a replacement Note if the Trustee's requirements for replacement of Notes 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 Trustee Issuer and the Company each Trustee may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuer and the Guarantors, if any, 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 (Shop Vac Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Sixth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Base Indenture (HCA Holdings, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either relevant Registrar, and the Company or the Trustee Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company shall Issuer will issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall will authenticate or cause the Authenticating Agent to authenticate a replacement Note if the Trustee's Registrar’s requirements for replacement of Notes are met. If required by the Trustee Registrar or the CompanyIssuer, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee Registrar and the Company Issuer to protect the CompanyIssuer, the TrusteeRegistrar, any Agent and any authenticating agent Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Trustee Issuer and the Company each Registrar may charge such Holder for their its expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuer 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: Additional Intercreditor Agreement (Orion Engineered Carbons S.a r.l.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company Trustee, or the Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofIssuer Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 to protect itself and in the Company reasonable judgment of the 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 Trustee Issuer and the Company each Trustee may charge such a Holder for their expenses in replacing such 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 1 contract

Samples: Entercom Communications Corp

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company Trustee, or the Issuers and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company Issuers shall issue and the Trustee, upon receipt the Authentication Order signed by two Officers of an authentication order in accordance with Section 2.2 hereofthe Issuers, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes are met. If required by In connection with the replacement of a Note, the Issuers 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 Issuers to protect the CompanyIssuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Trustee Issuers and the Company each Trustee may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional obligation of the Company Issuers 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 (Yankee Holding Corp.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company Trustee, or the Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company Issuer shall issue execute and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 (i) the Trustee to protect the Trustee and (ii) 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 Trustee Issuer and the Company each Trustee may charge such a Holder for their expenses in replacing such a Note. Every replacement Note is shall be 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 1 contract

Samples: Indenture (WillScot Corp)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Twenty-Second Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Healthcare, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Eleventh Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Holdings, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Twentieth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Healthcare, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Twenty-Seventh Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: Pledge Agreement (HCA Healthcare, Inc.)

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Thirty-Fourth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Healthcare, Inc.

Replacement Notes. If any mutilated Note is surrendered to the Trustee or either the Company Trustee, or the Issuer and the Trustee receives receive evidence to its their satisfaction of the destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofthe Company Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 (i) the Trustee to protect the Trustee and (ii) the Company Issuer to protect the CompanyIssuer, the Trustee, any Agent and any authenticating agent agent, from any loss that any of them may suffer if a Note is replaced. The Trustee Issuer and the Company each Trustee may charge such a Holder for their expenses in replacing such 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 1 contract

Samples: American Woodmark Corp

Replacement Notes. If any mutilated Note is surrendered to the Trustee Trustee, the Registrar or either the Company or Issuer and the Trustee receives evidence to its satisfaction of the ownership and destruction, loss or theft of any Note, the Company Issuer shall issue and the Trustee, upon receipt of an authentication order in accordance with Section 2.2 hereofAuthentication Order, shall authenticate a replacement Note if the Trustee's ’s requirements for replacement of Notes 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 Issuer and/or the Trustee and the Company each may charge such Holder for their expenses in replacing such a Note. Every replacement Note is an additional a contractual obligation of the Company Issuer and shall be entitled to all of the benefits of this Fourth Supplemental Indenture equally and proportionately with all other Notes duly issued hereunder.

Appears in 1 contract

Samples: HCA Holdings, Inc.

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