Bonds Mutilated, Destroyed, Stolen or Lost. In case any Bonds shall become mutilated or be improperly cancelled, or be destroyed, stolen or lost, the Authority may, in its discretion, adopt a resolution and thereby authorize the issuance and delivery of a new Bond of like tenor as the Bond so mutilated, improperly cancelled, destroyed, stolen or lost, in exchange and substitution for such mutilated or improperly cancelled Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, upon the holder furnishing the Authority and the Trustee proof of his ownership thereof and proof of such mutilation, improper cancellation, destruction, theft or loss satisfactory to the Authority and the Trustee, upon his giving to the Authority and the Trustee an indemnity bond in such amount as they may require, and upon his compliance with such other reasonable regulations and conditions as they prescribe and paying such expenses as they may incur. All Bonds so surrendered shall be cancelled by the Trustee and held for the account of the Authority. If any Bond shall have matured or be about to mature, instead of issuing a substitute Xxxx, the Authority may cause the same to be paid upon being indemnified as aforesaid, and if such Bond be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this Section shall constitute original, additional contractual obligations on the part of the Authority, whether or not the lost, stolen or destroyed Bonds be at any time found by anyone. Such duplicate Bonds shall in all respects be identical with those replaced except that they shall bear in their face the following additional clause: “This Bond is issued to replace a lost, stolen, cancelled or destroyed Bond.” Such duplicate Bonds shall be signed by the same officers who signed the original Bonds, provided, however, that in the event the officers who executed the original Bonds no longer hold office, then the new Bonds shall be signed by the officers then in office. Such duplicate Bonds shall be entitled to equal proportionate benefits and rights as to lien and source and security for payment from the Revenues derived from said Airport System as provided herein with all other Bonds issued hereunder, the obligations of the Authority upon the new Bonds being identical with its obligations upon the original Bonds and the rights of the holder being the same as those conferred by the original Bonds.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
Bonds Mutilated, Destroyed, Stolen or Lost. In case any Bonds Bond shall become mutilated or be improperly cancelled, or be destroyed, stolen or lost, the Authority mayIssuer shall execute, in its discretionand thereupon the Trustee shall authenticate and deliver, adopt a resolution and thereby authorize the issuance and delivery of a new Bond of like tenor Series, maturity, unpaid principal amount and interest rate as the Bond so mutilated, improperly cancelled, destroyed, stolen or lost, in exchange and substitution for such mutilated or improperly cancelled Bond Bond, upon surrender and cancellation of such mutilated Bond, or in lieu of and in substitution for the Bond destroyed, stolen or lost, upon filing with the holder Trustee evidence reasonably satisfactory to it that such Bond has been destroyed, stolen or lost, and upon furnishing the Authority Issuer and the Trustee proof of his ownership thereof with indemnity (an undertaking from an insurance company acceptable to the Trustee and proof of such mutilation, improper cancellation, destruction, theft or loss the Issuer) satisfactory to the Authority Trustee and the Trustee, upon his giving to the Authority Issuer and the Trustee an indemnity bond in such amount as they may require, and upon his compliance complying with such other reasonable regulations and conditions as they the Trustee may prescribe and paying such expenses as they the Issuer and the Trustee may incur. All Bonds so surrendered to the Trustee shall be cancelled by it. Every new Bond issued pursuant to the Trustee and held for the account provisions of this Section by virtue of the Authorityfact that any Bond is destroyed, lost or stolen, shall, with respect to such Bond, constitute an additional contractual obligation of the Issuer whether or not the destroyed, lost or stolen Bond shall be found and shall be enforceable at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. If In the event any such destroyed, stolen or lost Bond shall have matured matured, or be about to mature, the Issuer may, instead of issuing a substitute Xxxxnew Bond, the Authority may cause the Trustee to pay the same to be paid upon being indemnified as aforesaid, and if such Bond be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to thereof upon compliance with the condition in the first sentence of this Section shall constitute original, additional contractual obligations on out of moneys held by the part of the Authority, whether or not the lost, stolen or destroyed Bonds be at any time found by anyoneTrustee and available for such purpose. Such duplicate Bonds shall in all respects be identical with those replaced except that they shall bear in their face the following additional clause: “This Bond is issued to replace a lost, stolen, cancelled or destroyed Bond.” Such duplicate All Bonds shall be signed by held and owned upon the same officers who signed express condition (to the original Bondsextent lawful) that the foregoing provisions are exclusive with respect to the replacement or payment of any mutilated, provided, however, that in the event the officers who executed the original Bonds no longer hold office, then the new Bonds destroyed or lost or stolen Bond and shall be signed by the officers then in office. Such duplicate Bonds shall be entitled to equal proportionate benefits preclude any and rights as to lien and source and security for payment from the Revenues derived from said Airport System as provided herein with all other Bonds issued hereunderrights and remedies, notwithstanding any law or statute existing or hereafter enacted to the obligations contrary with respect to the replacement or payment of the Authority upon the new Bonds being identical with its obligations upon the original Bonds and the rights of the holder being the same as those conferred by the original Bondsnegotiable instruments or other securities without their surrender.
Appears in 1 contract
Samples: Loan Agreement (Acadia Realty Trust)
Bonds Mutilated, Destroyed, Stolen or Lost. In case any Bonds shall become mutilated or be improperly cancelled, or be destroyed, stolen or lost, the Authority may, in its discretion, adopt a resolution and thereby authorize the issuance and delivery of a new Bond of like tenor as the Bond so mutilated, improperly cancelled, destroyed, stolen or lost, in exchange and substitution for such mutilated or improperly cancelled Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, upon the holder furnishing the Authority and the Trustee proof of his ownership thereof and proof of such mutilation, improper cancellation, destruction, theft or loss satisfactory to the Authority and the Trustee, upon his giving to the Authority and the Trustee an indemnity bond in such amount as they may require, and upon his compliance with such other reasonable regulations and conditions as they prescribe and paying such expenses as they may incur. All Bonds so surrendered shall be cancelled by the Trustee and held for the account of the Authority. If any Bond shall have matured or be about to mature, instead of issuing a substitute Xxxx, the Authority may cause the same to be paid upon being indemnified as aforesaid, and if such Bond be lost, stolen or destroyed, without surrender thereof. thereof. Any such duplicate Bonds issued pursuant to this Section shall constitute original, additional contractual obligations on the part of the Authority, whether or not the lost, stolen or destroyed Bonds be at any time found by anyone. Such duplicate Bonds shall in all respects be identical with those replaced except that they shall bear in their face the following additional clause: “This Bond is issued to replace a lost, stolen, cancelled or destroyed Bond.” Such duplicate Bonds shall be signed by the same officers who signed the original Bonds, provided, however, that in the event the officers who executed the original Bonds no longer hold office, then the new Bonds shall be signed by the officers then in office. Such duplicate Bonds shall be entitled to equal proportionate benefits and rights as to lien and source and security for payment from the Revenues derived from said Airport System as provided herein with all other Bonds issued hereunder, the obligations of the Authority upon the new Bonds being identical with its obligations upon the original Bonds and the rights of the holder being the same as those conferred by the original Bonds.
Appears in 1 contract
Samples: Trust Agreement
Bonds Mutilated, Destroyed, Stolen or Lost. In case the event any Bonds shall become mutilated outstanding Bond, whether temporary or be improperly cancelleddefinitive, or be destroyedis mutilated, lost, stolen or lostdestroyed, the Authority mayTrustee shall, in its discretionupon written request of the Issuer, adopt a resolution authenticate and thereby authorize the issuance and delivery of deliver a new Bond of the same Series, principal amount and maturity and of like tenor as the Bond so mutilated, improperly cancelled, destroyedlost, stolen or lost, destroyed Bond in exchange and substitution for such mutilated or improperly cancelled Bond Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon the holder furnishing the Authority and the Trustee proof of his ownership thereof and proof of such mutilation, improper cancellation, destruction, theft or loss satisfactory to the Authority and the Trustee, upon his giving to the Authority and the Trustee an indemnity bond in such amount as they may require, and upon his compliance with such other reasonable regulations and conditions as they prescribe and paying such expenses as they may incur. All Bonds so surrendered shall be cancelled by the Trustee and held for the account of the Authority. If any Bond shall have matured or be about to mature, instead of issuing a substitute Xxxx, the Authority may cause the same to be paid upon being indemnified as aforesaid, and if such Bond be lost, stolen or destroyeddestroyed Bond upon presentation of an open indemnity bond in favor of the Trustee and the Issuer which is satisfactory to the Trustee. Application for exchange and substitution of mutilated, without lost, stolen or destroyed Bonds shall be made to the Trustee, in writing, at the Corporate Trust Office. In every case the applicant for a substitute Bond shall furnish to the Issuer and to the Trustee such security or indemnity as may be required by them to save each of them and any Paying Agent harmless. In every case of loss, theft or destruction of a Bond, the applicant shall also furnish to the Issuer and to the Trustee evidence to their satisfaction of the loss, theft or destruction and of the ownership of such Bond, and in every case of mutilation of a Bond, the applicant shall surrender thereofto the Trustee the Bond so mutilated. Any Upon the issuance of any substitute Bond, the Issuer and the Trustee may charge the Registered Owner of such duplicate Bonds Bond with their fees and expenses in connection therewith. Every substitute Bond issued pursuant to the provisions of this Section 2.06 by virtue of the fact that any Bond is lost, stolen or destroyed shall constitute original, an original additional contractual obligations on the part obligation of the AuthorityIssuer, whether or not the lost, stolen or destroyed Bonds Bond shall be found at any time found time, or be enforceable by anyone. Such duplicate Bonds shall in all respects be identical with those replaced except that they shall bear in their face the following additional clause: “This Bond is issued to replace a lost, stolen, cancelled or destroyed Bond.” Such duplicate Bonds shall be signed by the same officers who signed the original Bonds, provided, however, that in the event the officers who executed the original Bonds no longer hold office, then the new Bonds shall be signed by the officers then in office. Such duplicate Bonds and shall be entitled to equal proportionate all the benefits of this Indenture equally and rights as to lien proportionally with any and source and security for payment from the Revenues derived from said Airport System as provided herein with all other Bonds duly issued hereunder, under this Indenture to the obligations same extent as the Bonds in substitution for which such Bonds were issued. The provisions of this Section 2.06 are exclusive and shall preclude (to the extent lawful) all of the Authority upon rights and remedies with respect to the new Bonds being identical with its obligations upon the original Bonds and the rights payment of the holder being the same as mutilated, lost, stolen or destroyed Bonds, including those conferred granted by the original Bondsany law or statute now existing or hereafter enacted.
Appears in 1 contract
Bonds Mutilated, Destroyed, Stolen or Lost. In case the event any Bonds shall become mutilated Outstanding Bond, whether temporary or be improperly cancelleddefinitive, or be destroyedis mutilated, lost, stolen or lostdestroyed, the Authority mayIssuer may execute, and upon its request in its discretionwriting, adopt a resolution the Trustee shall authenticate and thereby authorize the issuance and delivery of deliver, a new Bond of the same Series, principal amount and maturity and of like tenor as the Bond so mutilated, improperly cancelled, destroyedlost, stolen or lost, destroyed Bond in exchange and substitution for such mutilated or improperly cancelled Bond Bond, or in lieu of and substitution for the Bond destroyedsuch lost, stolen or destroyed Bond. Application for exchange and substitution of mutilated, lost, upon the holder furnishing the Authority and stolen or destroyed Bonds shall be made to the Trustee proof at its Corporate Trust Office or at such other office as designated by the Trustee. In every case the applicant for a substitute Bond shall furnish to the Issuer and to the Trustee such security or indemnity as may be required by them to save each of his ownership thereof them and proof any Paying Agent harmless. In every case of such mutilation, improper cancellation, destructionloss, theft or loss satisfactory destruction of a Bond, the applicant shall also furnish to the Authority Issuer and the Trustee, upon his giving to the Authority Trustee evidence to their reasonable satisfaction of the loss, theft or destruction and of the Trustee an indemnity bond in ownership of such amount as they may requireBond, and upon his compliance with in every case of mutilation of a Bond, the applicant shall surrender the Bond so mutilated. Notwithstanding the foregoing provisions of this Section 2.6, in the event any such other reasonable regulations and conditions as they prescribe and paying such expenses as they may incur. All Bonds so surrendered shall be cancelled by the Trustee and held for the account of the Authority. If any Bond shall have matured matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium (if any) or be about to matureinterest on the Bonds, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a mutilated Bond) instead of issuing a substitute XxxxBond provided security or indemnity is furnished as above provided in this Section 2.6. Upon the issuance of any substitute Bond, the Authority Issuer and the Trustee may cause charge the same to be paid upon being indemnified as aforesaid, and if holder of such Bond be with their reasonable fees and expenses in connection therewith. Every substitute Bond issued pursuant to the provisions of this Section 2.6 by virtue of the fact that any Bond is lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this Section destroyed shall constitute original, an original additional contractual obligations on the part obligation of the AuthorityIssuer, whether or not the lost, stolen or destroyed Bonds Bond shall be found at any time found time, or be enforceable by anyone. Such duplicate Bonds shall in all respects be identical with those replaced except that they shall bear in their face the following additional clause: “This Bond is issued to replace a lost, stolen, cancelled or destroyed Bond.” Such duplicate Bonds shall be signed by the same officers who signed the original Bonds, provided, however, that in the event the officers who executed the original Bonds no longer hold office, then the new Bonds shall be signed by the officers then in office. Such duplicate Bonds and shall be entitled to equal proportionate all the benefits of this Indenture equally and rights as to lien proportionally with any and source and security for payment from the Revenues derived from said Airport System as provided herein with all other Bonds duly issued hereunder, under this Indenture to the obligations same extent as the Bonds in substitution of for which such Bonds were issued. The provisions of this Section 2.6 are exclusive and shall preclude (to the extent lawful) all of the Authority upon rights and remedies with respect to the new Bonds being identical with its obligations upon the original Bonds and the rights payment of the holder being the same as mutilated, lost, stolen or destroyed Bonds, including those conferred granted by the original Bondsany law or statute now existing or hereafter enacted.
Appears in 1 contract
Bonds Mutilated, Destroyed, Stolen or Lost. In case any Bonds Bond shall become mutilated or be improperly cancelled, or be destroyed, stolen or lost, the Authority mayIssuer shall execute, in its discretionand thereupon the Trustee shall authenticate and deliver, adopt a resolution and thereby authorize the issuance and delivery of a new Bond of like series, maturity, tenor and principal amount (in an Authorized Denomination) as the Bond Bonds so mutilated, improperly cancelled, destroyed, stolen or lost, in exchange and substitution for such mutilated or improperly cancelled Bond, upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the holder furnishing Trustee of evidence satisfactory to the Authority Issuer and the Trustee proof of his ownership thereof that such Bond has been destroyed, stolen or lost, and proof of such mutilationOwnership thereof, improper cancellation, destruction, theft or loss satisfactory to and upon furnishing the Authority and the Trustee, upon his giving to the Authority Issuer and the Trustee an with indemnity bond in such amount as they may require, satisfactory to them and upon his compliance complying with such other reasonable regulations as the Issuer and conditions as they the Trustee may prescribe and paying such expenses as they the Issuer and the Trustee may incur. All Bonds so surrendered to the Trustee shall be cancelled canceled by the Trustee and held for the account of the Authority. If any Bond shall have matured or be about to mature, instead of issuing a substitute Xxxx, the Authority may cause the same to be paid upon being indemnified as aforesaid, and if such Bond be lost, stolen or destroyed, without surrender thereofin accordance with Section 13.10 hereof. Any such duplicate new Bonds issued pursuant to this Section in substitution for Bonds alleged to be destroyed, stolen or lost shall constitute original, original additional contractual obligations on the part of the AuthorityIssuer, whether or not the lostBonds so alleged to be destroyed, stolen or destroyed Bonds lost shall be found at any time found or be enforceable by anyone. Such duplicate Bonds shall in all respects be identical with those replaced except that they shall bear in their face the following additional clause: “This Bond is issued to replace a lost, stolen, cancelled or destroyed Bond.” Such duplicate Bonds shall be signed by the same officers who signed the original Bonds, provided, however, that in the event the officers who executed the original Bonds no longer hold office, then the new Bonds shall be signed by the officers then in office. Such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien and source and security for payment from the Revenues derived from said Airport System as provided herein with all other Bonds issued hereunder, the obligations of the Authority upon same series issued under this Indenture and shall be equally secured by the new Bonds being identical with its obligations upon moneys or securities held by the original Bonds and Issuer or the rights Trustee for the benefit of the holder being Owners of other Bonds of the same as those conferred by the original Bondsseries.
Appears in 1 contract
Samples: Mortgage, Security Agreement and Indenture of Trust (Foster Wheeler Inc)