Common use of Certificated Interests Clause in Contracts

Certificated Interests. (a) If any ownership interest in an Equity Interest is represented by a certificate (each, an “Equity Certificate”) that has been pledged and delivered to Lender and such Equity Certificate is lost, stolen or destroyed, then, upon the written request of Lender to the applicable Loan Party, such Loan Party shall issue to Lender a new Equity Certificate in place of the Equity Certificate that was lost, stolen or destroyed, provided such Lender: (i) makes proof by written, notarized affidavit, in form and substance reasonably satisfactory to the applicable Loan Party that such previously issued Equity Certificate has been lost, stolen or destroyed and has not been assigned, endorsed, transferred or hypothecated, (ii) delivers a written indemnity (in form and substance and from an indemnitor reasonably satisfactory to the applicable Loan Party) to the extent required by any title company proposing to provide title insurance with respect to such Equity Certificate and (iii) requests the issuance of a new Equity Certificate before the Loan party has notice that such previously issued Equity Certificate has been acquired by a purchaser for value in good faith and without notice of an adverse claim. (b) Upon repayment in full of the Loan, in the event Lender fails to return to a Loan Party an Equity Certificate previously delivered by such Loan Party to Lender in connection with the Loan, Lender shall deliver to the applicable Loan Party, within ten (10) days of such Loan Party’s demand, (i) a written, notarized affidavit, in form and substance reasonably satisfactory to the applicable Loan Party that such previously issued Equity Certificate has been lost, stolen or destroyed and has not been assigned, endorsed, transferred or hypothecated and (ii) a written indemnity (in form and substance and from an indemnitor reasonably satisfactory to the applicable Loan Party) to the extent required by any title company proposing to provide title insurance with respect to such Equity Certificate.

Certificated Interests. (a) If any ownership interest in an Equity Interest the Pledged Securities is represented by a certificate (each, an “Equity Certificate”) that has been pledged and delivered to a Lender and such Equity Certificate is lost, stolen or destroyed, then, upon the written request of such Lender to the applicable Loan Party, such Loan Party shall issue to the Lender a new Equity Certificate in place of the Equity Certificate that was lost, stolen or destroyed, provided such Lender: (i) makes proof by written, notarized affidavit, in form and substance reasonably satisfactory to the applicable Loan Party Party, that such previously issued Equity Certificate has been lost, stolen or destroyed and has not been assigned, endorsed, transferred or hypothecated, (ii) delivers a written indemnity (in form and substance and from an indemnitor reasonably satisfactory to the applicable Loan Party) to the extent required by any title company proposing to provide title insurance with respect to such Equity Certificate and (iii) requests the issuance of a new Equity Certificate before the Loan party Party has notice that such previously issued Equity Certificate has been acquired by a purchaser for value in good faith and without notice of an adverse claim. (b) Upon repayment in full of the Loan, in the event any Lender fails to return to a Loan Party an Equity Certificate previously delivered by such Loan Party to such Lender in connection with the Loan, such Lender shall deliver to the applicable Loan Party, within ten (10) days of such Loan Party’s demand, (i) a written, notarized affidavit, an affidavit in form and substance reasonably satisfactory to the applicable Loan Party Party, that such previously issued Equity Certificate has been lost, stolen or destroyed destroyed, and that such Equity Certificate has not been assigned, endorsed, transferred or hypothecated to any third party. Borrower acknowledges and (ii) agrees that as of the Closing Date all ownership interests in the Pledged Securities are represented by a written indemnity (in form and substance and from an indemnitor reasonably satisfactory to the applicable Loan Party) to the extent required by any title company proposing to provide title insurance with respect to such Equity Certificate.

Certificated Interests. (a) If any ownership interest in an Equity Interest of Borrower or any Borrower TRS is represented by a certificate (each, an “Equity Certificate”) that has been pledged and delivered to Lender and such Equity Certificate is lost, stolen or destroyed, then, upon the written request of Lender to the applicable Loan Party, such Loan Party shall issue to Lender a new Equity Certificate in place of the Equity Certificate that was lost, stolen or destroyed, provided such Lender: (i) makes proof by written, notarized affidavit, in form and substance reasonably satisfactory to the applicable Loan Party Party, that such previously issued Equity Certificate has been lost, stolen or destroyed and has not been assigned, endorsed, transferred or hypothecated, indemnifies Borrower for any loss relating thereto and (ii) delivers a written indemnity (in form and substance and from an indemnitor reasonably satisfactory to the applicable Loan Party) to the extent required by any title company proposing to provide title insurance with respect to such Equity Certificate and (iii) requests the issuance of a new Equity Certificate before the Loan party has notice that such previously issued Equity Certificate has been acquired by a purchaser for value in good faith and without notice of an adverse claim. (b) Upon repayment in full of the Loan, in the event Lender fails to return to a Loan Party an Equity Certificate previously delivered by such Loan Party to Lender in connection with the Loan, Lender shall deliver to the applicable Loan Party, within ten (10) days of such Loan Party’s demand, (i) a written, notarized affidavit, an affidavit in form and substance reasonably satisfactory to the applicable Loan Party Party, that such previously issued Equity Certificate has been lost, stolen or destroyed destroyed, and that such Equity Certificate has not been assigned, endorsed, transferred or hypothecated to any third party and (ii) a written indemnity (in form and substance and from an indemnitor reasonably satisfactory to the applicable Loan Party) to the extent required by indemnifies Borrower for any title company proposing to provide title insurance with respect to such Equity Certificateloss relating thereto.

Certificated Interests. (a) If any ownership interest in an Equity Interest is represented by a certificate (each, an “Equity Certificate”) that has been pledged and delivered to Lender Collateral Agent on behalf of the Secured Parties and such Equity Certificate is lost, stolen or destroyed, then, upon the written request of Lender Administrative Agent to the applicable Loan Party, such Loan Party shall issue to Lender Collateral Agent on behalf of the Secured Parties a new Equity Certificate in place of the Equity Certificate that was lost, stolen or destroyed, provided such LenderCollateral Agent: (i) makes proof by written, notarized affidavit, in form and substance reasonably satisfactory to the applicable Loan Party that such previously issued Equity Certificate has been lost, stolen or destroyed and has not been assigned, endorsed, transferred or hypothecated, (ii) delivers a written indemnity (in form and substance and from an indemnitor reasonably satisfactory to the applicable Loan Party) to the extent required by any title company proposing to provide title insurance with respect to such Equity Certificate and (iii) requests the issuance of a new Equity Certificate before the Loan party has notice that such previously issued Equity Certificate has been acquired by a purchaser for value in good faith and without notice of an adverse claim. (b) Upon repayment in full of the Loan, in the event Lender Collateral Agent fails to return to a Loan Party an Equity Certificate previously delivered by such Loan Party to Lender Collateral Agent in connection with the Loan, Lender Collateral Agent shall deliver to the applicable Loan Party, within ten (10) days of such Loan Party’s demand, (i) a written, notarized affidavit, in form and substance reasonably satisfactory to the applicable Loan Party that such previously issued Equity Certificate has been lost, stolen or destroyed and has not been assigned, endorsed, transferred or hypothecated and (ii) a written indemnity (in form and substance and from an indemnitor reasonably satisfactory to the applicable Loan Party) to the extent required by any title company proposing to provide title insurance with respect to such Equity Certificate.