Common use of Replacement of Notes Clause in Contracts

Replacement of Notes. Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Note and, in the case of any such loss, theft or destruction of any Note, upon delivery of an indemnity bond in such reasonable amount as the Company may determine (or, in the case of any Note held by you or another institutional holder or your or its nominee, of an indemnity agreement from you or such other holder) or, in the case of any such mutilation, upon the surrender of such Note for cancellation to the Company at its principal office, the Company at its expense will execute and deliver, in lieu thereof, a new Note in the unpaid principal amount of such lost, stolen, destroyed or mutilated Note, dated so that there will be no loss of interest on such Note and otherwise of like tenor. Any Note in lieu of which any such new Note has been so executed and delivered by the Company shall not be deemed to be an outstanding Note for any purpose of this Agreement.

Appears in 5 contracts

Samples: Note Purchase Agreement (Dixie Group Inc), Security Agreement (Party City Corp), Note and Warrant Purchase Agreement (Gni Group Inc /De/)

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Replacement of Notes. Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Note and, in the case of any such loss, theft or destruction of any Notedestruction, upon delivery of an indemnity bond in such reasonable amount as the Company may determine (or, in the case of any Note held by you a Purchaser or another any institutional holder or your or its nomineeinvestor, of an any indemnity agreement from you such Purchaser or such other holder) orholder reasonably satisfactory to the Company), or in the case of any such mutilation, upon the surrender of such Note for cancellation to the Company at its principal office, the Company at its expense will execute and deliver, in lieu thereof, a new Note in of the unpaid principal amount same class and of such lost, stolen, destroyed or mutilated Notelike tenor, dated so that there will be no loss of interest on such Note and otherwise of like tenorlost, stolen, destroyed or mutilated Note. Any Note in lieu of which any such new Note has been so executed and delivered by the Company shall not be deemed to be an outstanding Note for any purpose of this Agreementhereof.

Appears in 3 contracts

Samples: Note Purchase Agreement (Mortgage Com Inc), Note Purchase Agreement (Mortgage Com Inc), Note Purchase Agreement (Mortgage Com Inc)

Replacement of Notes. Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Note and, in the case of any such loss, theft or destruction of any Note, upon delivery of an indemnity bond in such reasonable amount as the Company may determine (or, in the case of any Note held by you or another institutional Institutional Investor holder or your or its nominee, of an unsecured indemnity agreement from you or such other holder) ), or, in the case of any such mutilation, upon the surrender of such Note for cancellation to the Company at its principal office, the Company at its expense will execute and deliver, in lieu thereof, a new Note in the unpaid principal amount of such lost, stolen, destroyed or mutilated Note, dated so that there will be no loss of interest on such Note and otherwise of like tenor. Any Note in lieu of which any such new Note has been so executed and delivered by the Company shall not be deemed to be an outstanding Note for any purpose of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Cornerstone Propane Partners Lp), Note Agreement (Cornerstone Propane Partners Lp)

Replacement of Notes. Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Note and, in the case of any such loss, theft or destruction of any Note, upon delivery of an indemnity bond in such reasonable amount as the Company may determine (or, in the case of any Note held by you or another institutional Institutional Investor holder or your or its nominee, of an unsecured indemnity agreement from you or such other holder) ), or, in the case of any such mutilation, upon the surrender of such Note for cancellation to the Company at its principal office, the Company at its expense will execute and deliver, in lieu thereof, a new Note of the same series in the unpaid principal amount of such lost, stolen, destroyed or mutilated Note, dated so that there will be no loss of interest on such Note and otherwise of like tenor. Any Note in lieu of which any such new Note has been so executed and delivered by the Company shall not be deemed to be an outstanding Note for any purpose of this Agreement.

Appears in 1 contract

Samples: Note Agreement (Cornerstone Propane Partners Lp)

Replacement of Notes. Upon receipt of evidence reasonably -------------------- satisfactory to the Company of the loss, theft, destruction or mutilation of any Note and, in the case of any such loss, theft or destruction of any Note, upon delivery of an indemnity bond in such reasonable amount as the Company may determine (or, in the case of any Note held by you or another institutional holder or your or its nominee, of an indemnity agreement from you or such other holder) or, in the case of any such mutilation, upon the surrender of such Note for cancellation to the Company at its principal office, the Company at its expense will execute and deliver, in lieu thereof, a new Note in the unpaid principal amount of such lost, stolen, destroyed or mutilated Note, dated so that there will be no loss of interest on such Note and otherwise of like tenor. Any Note in lieu of which any such new Note has been so executed and delivered by the Company shall not be deemed to be an outstanding Note for any purpose of this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Telecorp PCS Inc)

Replacement of Notes. Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Note and, in the case of any such loss, theft or destruction of any Note, upon delivery of an indemnity bond in such reasonable amount as reasonably satisfactory to the Company may determine (orin form and amount, in the case of any Note held by you or another institutional holder or your or its nominee, of an indemnity agreement from you or such other holder) or, in the case of any such mutilation, upon the surrender of such Note for cancellation to at the Company at its principal officeoffice of the Company, the Company at its expense will execute and deliver, in lieu thereof, a new Note in the unpaid principal amount of such lost, stolen, destroyed or mutilated Notelike tenor, dated so that there will be no loss of interest on such lost, stolen, destroyed or mutilated Note. If the Purchaser or any subsequent Institutional Holder is the owner of any such lost, stolen or destroyed Note, then the affidavit of an authorized officer of such owner, setting forth the fact of loss, theft or destruction and of its ownership of such Note at the time of such loss, theft or destruction shall be accepted as satisfactory evidence thereof and otherwise no further indemnity shall be required as a condition to the execution and delivery of like tenora new Note other than the written agreement of such owner to indemnify the Company. Any Note in lieu of which any such new Note has been so executed and delivered by the Company shall not be deemed to be an outstanding Note for any purpose of this Agreement.

Appears in 1 contract

Samples: Note Agreement (Unitil Corp)

Replacement of Notes. Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Note and, in the case of any such loss, theft or destruction of any Note, upon delivery of an indemnity bond in such reasonable amount as the Company may determine (or, in the case of any Note held by you or another institutional holder or your or its nominee, of an indemnity agreement from you or such other holder) or, in the case of any such mutilation, upon the surrender of such Note for cancellation to the Company at its principal office, the Company at its expense will execute and deliver, in lieu thereof, a new Note in the unpaid principal amount of such lost, stolen, destroyed or mutilated Note, dated so that there will be no loss of interest on such Note and otherwise of like tenor. Any Note in lieu of which any such new Note has been so executed and delivered .delivered by the Company shall not be deemed to be an outstanding Note for any purpose of this Agreement.

Appears in 1 contract

Samples: Subordination Agreement (General Housing Inc)

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Replacement of Notes. Upon receipt of evidence reasonably satisfactory to the Company Corporation of the loss, theft, destruction or mutilation of any Note and, in the case of any such loss, theft or destruction of any Notedestruction, upon delivery of an indemnity bond in such reasonable amount as the Company Corporation may determine (or, in the case of any Note held by you a Purchaser or a Purchaser's nominee or another institutional holder or your or its nomineeinvestor, of an indemnity agreement from you or such other holder) orholder reasonably satisfactory to the Corporation), or in the case of any such mutilation, upon the surrender of such Note for cancellation to the Company Corporation at its principal office, the Company Corporation at its expense will execute and deliver, in lieu thereof, a new Note in of the unpaid principal amount same class and of such lost, stolen, destroyed or mutilated Notelike tenor, dated so that there will be no loss of interest on such Note and otherwise of like tenorlost, stolen, destroyed or mutilated Note. Any Note in lieu of which any such new Note has been so executed and delivered by the Company Corporation shall not be deemed to be an outstanding Note for any purpose of this Agreementhereof.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Financial Pacific Insurance Group Inc)

Replacement of Notes. Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Note and, in the case of any such loss, theft or destruction of any Notedestruction, upon delivery of an indemnity bond in such reasonable amount as the Company may determine (or, in the case of any Note held by you a Purchaser or another any institutional holder or your or its nomineeinvestor, of an any indemnity agreement from you the Purchaser or such other holder) orholder reasonably satisfactory to the Company), or in the case of any such mutilation, upon the surrender of such Note for cancellation to the Company at its principal office, the Company at its expense will execute and deliver, in lieu thereof, a new Note in of the unpaid principal amount same class and of such lost, stolen, destroyed or mutilated Notelike tenor, dated so that there will be no loss of interest on such Note and otherwise of like tenorlost, stolen, destroyed or mutilated Note. Any Note in lieu of which any such new Note has been so executed and delivered by the Company shall not be deemed to be an outstanding Note for any purpose of this Agreementhereof.

Appears in 1 contract

Samples: Note Purchase Agreement (Mortgage Com Inc)

Replacement of Notes. Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Note and, in the case of any such loss, theft or destruction of any Note, upon delivery of an indemnity bond in such reasonable amount as the Company may determine (or, in the case of any Note held by you or another institutional Institutional Investor holder or your or its nominee, of an unsecured indemnity agreement from you or such other holder) ), or, in the case of any such mutilation, upon the surrender of such Note for cancellation to the Company at its principal office, the Company at its expense will execute and deliver, in lieu thereof, a new Note in the unpaid principal amount of such lost, stolen, destroyed or mutilated Note, dated so that there will be no loss of interest on such Note and otherwise of like tenor. Any Note in lieu of which any such new Note has been so executed and delivered by the Company shall not be deemed to be an outstanding Note for any purpose of this Agreement. 14.4.

Appears in 1 contract

Samples: Cornerstone Propane Partners Lp

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