Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has become mutilated, the Trustee, at the expense of the Owner of said Certificate, will execute and deliver a new Certificate of like tenor, maturity, interest rate and number in exchange and substitution for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix), but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee will be canceled by it and periodically destroyed in accordance with then applicable record retention requirements. If any Certificate has been lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee and, if such evidence is satisfactory to the Trustee and indemnity of the Trustee and the City satisfactory to the Trustee has been given, the Trustee, at the expense of the Owner of the Certificate, will execute and deliver a new Certificate of like tenor, maturity, interest rate, and number as the Trustee determines in lieu of and in substitution for the Certificate so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding the actual cost of preparing each new Certificate executed and delivered under this Section and of the expenses that may be incurred by the Trustee under this Section. Any Certificate executed and delivered under this Section in lieu of any Certificate alleged to be lost, destroyed or stolen will be equally and proportionately entitled to the benefits of this Declaration of Trust with all other Certificates secured by this Declaration of Trust. The Trustee will not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that may be Outstanding hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate will be treated as one and the same. Notwithstanding any other provision of this Section, in lieu of delivering a new Certificate for a Certificate that has been mutilated, lost, destroyed or stolen and that has matured, is about to mature or has been selected for prepayment, the Trustee may make payment of such Certificate.
Appears in 2 contracts
Samples: Lease Purchase Agreement, Site Lease
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has shall become mutilated, the Trustee, at the expense of the Owner of said Certificatethereof, will shall execute and deliver a new Certificate of evidencing a like tenor, maturity, interest rate principal amount and having the same stated Principal Payment Date and number in exchange and substitution for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee will shall be canceled by it and periodically destroyed in accordance with then applicable record retention requirementsit. If any Certificate has been shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee andTrustee, and if such evidence is satisfactory to the Trustee and an indemnity of the Trustee and the City satisfactory to the Trustee has been shall be given, the Trustee, at the expense of the Owner of the Certificatethereof, will shall execute and deliver a new Certificate of evidencing a like tenorprincipal amount and having the same stated Principal Payment Date, maturity, interest rate, and number numbered as the Trustee determines shall determine, in lieu of and in substitution for the Certificate so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding the actual cost of preparing each new Certificate executed and delivered by it under this Section and of the expenses that which may be incurred by the Trustee it under this Section. Any Certificate executed and delivered under the provisions of this Section in lieu of any Certificate alleged to be lost, destroyed or stolen will shall be equally and proportionately entitled to the benefits of this Declaration of Trust hereof with all other Certificates secured by this Declaration of Trust. The executed and delivered hereunder, and the Trustee will shall not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that which may be Outstanding executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate will shall be treated as one and the same. Notwithstanding any other provision of this Section, in lieu of executing and delivering a new Certificate for a Certificate that which has been mutilated, lost, destroyed or stolen and that which has maturedmatured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, is about to mature destroyed or has been selected for prepaymentstolen Certificate, the Trustee may make payment of such CertificateCertificate to the Owner thereof if so instructed by the City.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has shall become mutilated, the Trustee, at the expense of the Owner of said Certificate, will shall execute and deliver a new Certificate of like tenor, maturity, interest rate tenor and number maturity in exchange and substitution for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee will shall be canceled cancelled by it and periodically destroyed in accordance with then applicable record retention requirementsit. If any Certificate has been shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee Trustee, and, if such evidence is satisfactory to the Trustee and indemnity of the Trustee and the City and, if an indemnity, satisfactory to the Trustee has been indemnifying the Trustee, the Corporation and the District, shall be given, the Trustee, at the expense of the Owner of the CertificateCertificate Owner, will shall execute and deliver a new Certificate of like tenor, maturity, interest rate, tenor and number maturity and numbered as the Trustee determines shall determine in lieu of and in substitution for the Certificate so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding the actual cost of preparing an appropriate fee for each new Certificate executed and delivered under this Section and of the expenses that which may be incurred by the Trustee in carrying out the duties under this Section. Any Certificate executed and delivered under the provisions of this Section in lieu of any Certificate alleged to be lost, destroyed or stolen will shall be equally and proportionately entitled to the benefits of this Declaration of Trust Agreement with all other Certificates secured by this Declaration of TrustTrust Agreement. The Trustee will shall not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that which may be Outstanding executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate will shall be treated as one and the same. Notwithstanding any other provision of this Section, in lieu of delivering a new Certificate for a Certificate that in place of one which has been mutilated, lost, destroyed or stolen stolen, and that which has matured, is about to mature or has been selected called for prepayment, the Trustee may make payment with respect to such Certificate upon receipt of such Certificatethe above-mentioned indemnity.
Appears in 1 contract
Samples: Trust Agreement
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has shall become mutilated, the Trustee, at the expense of the Owner of said Certificate, will Certificate shall execute and deliver a new Certificate of like tenor, maturity, interest rate tenor and number maturity in exchange and substitution for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee will shall be canceled by it and periodically destroyed in accordance with then applicable record retention requirementsand a certificate of destruction will be delivered to the School District. If any Certificate has been shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee Trustee, and, if such evidence is satisfactory to the Trustee and if an indemnity of the Trustee and the City satisfactory to the Trustee has been shall be given, the Trustee, at the expense of the Owner of the CertificateCertificate Owner, will shall execute and deliver a new Certificate of like tenor, maturity, interest rate, tenor and number maturity and numbered as the Trustee determines shall determine in lieu of and in substitution for the Certificate so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding the actual cost of preparing an appropriate fee for each new Certificate executed and delivered under this Section and of the expenses that which may be incurred by the Trustee in carrying out the duties under this SectionSection 2.15, from the person requesting the same. Any Certificate executed and delivered issued under the provisions of this Section in lieu of any Certificate alleged to be lost, destroyed or stolen will shall be equally and proportionately entitled to the benefits of this Declaration of Trust Agreement with all other Certificates secured by this Declaration of TrustTrust Agreement. The Trustee will shall not be required to treat both the original Certificate and any replacement duplicate Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that which may be Outstanding issued hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement duplicate Certificate will shall be treated as one and the same. Notwithstanding any other provision of this Section, in lieu of delivering a new Certificate for a Certificate that which has been mutilated, lost, destroyed or stolen and that which has matured, is about to mature or has been selected for prepayment, the Trustee may make payment of such Certificate.
Appears in 1 contract
Samples: Trust Agreement
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has shall become mutilated, the Trustee, at the expense of the Owner of said Certificate, will Trustee shall execute and deliver a new Certificate of like tenor, series, maturity, interest rate and number principal amount, in exchange and substitution for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee will shall be canceled by it and periodically destroyed in accordance with then applicable record retention requirementsdestroyed. If any Certificate has been shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee Trustee, and, if such evidence is satisfactory to the Trustee and indemnity of the Trustee and the City satisfactory to the Trustee has been givenshall be given indemnifying the Trustee, the Corporation and the District, the Trustee, at the expense of the Owner of the CertificateCertificate Owner, will shall execute and deliver a new Certificate of like tenor, series and maturity, interest rate, and number numbered as the Trustee determines shall determine, in lieu of and in substitution for the Certificate so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding the actual cost of preparing each new Certificate executed and delivered under this Section and of the expenses that which may be incurred by the Trustee under this Section. Any Certificate executed and delivered under the provisions of this Section in lieu of any Certificate alleged to be lost, destroyed or stolen will shall be equally and proportionately entitled to the benefits of this Declaration of Trust Agreement with all other Certificates secured by this Declaration of TrustAgreement. The Trustee will shall not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that which may be Outstanding executed hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate will shall be treated as one and the same. Notwithstanding any other provision of this Section, in lieu of delivering a new Certificate for a Certificate that which has been mutilated, lost, destroyed or stolen and that which has matured, is about to mature matured or has been selected for prepayment, the Trustee may may, at the direction of the District, make payment of such CertificateCertificate upon receipt of indemnity satisfactory to the Trustee.
Appears in 1 contract
Samples: Trust Agreement
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has shall become mutilated, the Trustee, at the expense of the Owner of said such Certificate, will shall execute and deliver a new Certificate of like tenor, maturityprincipal amount, interest rate and number maturity in exchange and substitution replacement for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee will shall be canceled cancelled by it and periodically destroyed by the Trustee, in accordance with its retention policy then applicable record retention requirementsin effect. If any Certificate has been shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may must be submitted to the Trustee Trustee, and, if such evidence is satisfactory to the Trustee and and, if an indemnity of the Trustee and the City satisfactory to the Trustee has been shall be given, the Trustee, at the expense of the Owner of the CertificateCertificate Owner, will shall execute and deliver a new Certificate of like tenor, maturityprincipal amount, interest rate, rate and number maturity and numbered as the Trustee determines shall determine in lieu of and in substitution replacement for the Certificate so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding the actual cost of preparing an appropriate fee for each new replacement Certificate executed and delivered under this Section 2.09 and of the expenses that which may be incurred by the Trustee in carrying out the duties under this SectionSection 2.09. Any Certificate executed and delivered issued under the provisions of this Section 2.09 in lieu of any Certificate alleged to be lost, destroyed or stolen will shall be equally and proportionately entitled to the benefits of this Declaration of Trust Agreement with all other Certificates secured by this Declaration of TrustTrust Agreement. The Trustee will shall not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that which may be Outstanding executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate will shall be treated as one and the same. Notwithstanding any other provision of this SectionSection 2.09, in lieu of delivering a new Certificate replacement for a Certificate that which has been mutilated, lost, destroyed or stolen stolen, and that which has matured, is about to mature or has been selected for prepayment, the Trustee may make payment with respect to such Certificate upon receipt of such Certificateindemnity satisfactory to the Trustee.
Appears in 1 contract
Samples: Trust Agreement
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has shall become mutilated, the Trustee, at the written request and expense of the Owner Holder of said Certificate, will the Trustee shall execute and deliver to such Holder a new Certificate of like tenortenor and number, maturity, interest rate and number in exchange and substitution for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee will shall be canceled by it and periodically destroyed in accordance with then applicable record retention requirementsdestroyed. If any Certificate has been shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted by the Certificate Holder or his, her or its duly authorized agent to the Trustee Trustee, and, if such evidence is satisfactory to the Trustee and if an indemnity of satisfactory to the Trustee and the City satisfactory to the Trustee has been Company shall be given, the Trustee, at the expense of the Owner of Certificate Holder, the Certificate, will Trustee shall execute and deliver to the Certificate Holder a new Certificate of like tenor, maturity, interest rate, tenor and number numbered as the Trustee determines shall determine in lieu of and in substitution for the Certificate so lost, destroyed or stolen. The In addition to the transfer fee provided for by Section 2.13 hereof, the Trustee may require payment of a sum not exceeding the actual cost of preparing and executing each new Certificate executed and delivered issued under this Section and of the expenses that may be incurred by the Company and the Trustee under this Sectionhereunder. Any Certificate executed and delivered issued under the provisions of this Section 2.10 in lieu of any Certificate alleged to be lost, destroyed or stolen will shall be equally and proportionately entitled to the benefits benefit of this Declaration of Trust with all other Certificates secured by this Declaration of TrustAgreement. The Trustee will shall not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that which may be Outstanding issued hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate will shall be treated as one and the same. Notwithstanding any other provision of this Section, in lieu of delivering a new Certificate for a Certificate that has been mutilated, lost, destroyed or stolen and that has matured, is about to mature or has been selected for prepayment, the Trustee may make payment of such Certificate.
Appears in 1 contract
Samples: Trust Indenture and Security Agreement (Northeast Utilities System)
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has shall become mutilated, the Trustee, at the expense of the Owner of said Certificatethereof, will shall execute and deliver a new Certificate of evidencing a like tenor, maturity, interest rate principal amount and having the same stated Principal Payment Date and number in exchange and substitution for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee will shall be canceled by it and periodically destroyed disposed of in accordance with then applicable record retention requirementsa manner deemed appropriate by the Trustee. If any Certificate has been shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee andTrustee, and if such evidence is satisfactory to the Trustee and indemnity of the Trustee and the City satisfactory to the Trustee has been shall be given, the Trustee, at the expense of the Owner of the Certificatethereof, will shall execute and deliver a new Certificate of evidencing a like tenorprincipal amount and having the same stated Principal Payment Date, maturity, interest rate, and number numbered as the Trustee determines shall determine, in lieu of and in substitution for the Certificate so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding the actual cost of preparing each new Certificate executed and delivered by it under this Section and of the expenses that which may be incurred by the Trustee it under this Section. Any Certificate executed and delivered under the provisions of this Section in lieu of any Certificate alleged to be lost, destroyed or stolen will shall be equally and proportionately entitled to the benefits of this Declaration of Trust hereof with all other Certificates secured by this Declaration of Trust. The executed and delivered hereunder, and the Trustee will shall not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that which may be Outstanding executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate will shall be treated as one and the same. Notwithstanding any other provision of this Section, in lieu of executing and delivering a new Certificate for a Certificate that which has been mutilated, lost, destroyed or stolen and which evidences principal that has matured, is about to mature or has been selected for prepaymentthen payable, the Trustee may make payment of such CertificateCertificate to the Owner thereof if so instructed by the District.
Appears in 1 contract
Samples: Trust Agreement
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has shall become mutilated, the Trustee, at the expense of the Owner of said Certificate, will shall execute and deliver a new Certificate of like tenor, maturity, interest rate maturity and number amount in exchange and substitution for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee will shall be canceled by it and periodically destroyed in accordance with then applicable record retention requirementsa certificate of destruction furnished to the Town. If any Certificate has been shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may shall be submitted to the Trustee Trustee, and, if such evidence is satisfactory to the Trustee and if an indemnity of the Trustee and the City satisfactory to the Trustee has been shall be given, the Trustee, at the expense of the Owner of the CertificateCertificate Owner, will shall execute and deliver a new Certificate of like tenor, maturity, interest rate, maturity and number amount and numbered as the Trustee determines shall determine in lieu of and in substitution for the Certificate so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding by the actual cost of preparing each new Certificate executed and delivered under this Section and Town of the expenses that which may be incurred by the Trustee in carrying out the duties under this SectionSection 2.09. Any Certificate executed and delivered under the provisions of this Section 2.09 in lieu of any Certificate alleged to be lost, destroyed or stolen will shall be equally and proportionately fractionally entitled to the benefits of this Declaration of Trust Agreement with all other Certificates secured by this Declaration of TrustTrust Agreement. The Trustee will shall not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that which may be Outstanding executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate will shall be treated as one and the same. Notwithstanding any other provision of this SectionSection 2.09, in lieu of delivering a new Certificate for to replace a Certificate that which has been mutilated, lost, destroyed or stolen stolen, and that which has matured, is about to mature matured or has been selected called for prepaymentredemption, the Trustee may make payment with respect to such Certificate upon receipt of such Certificatethe aforementioned indemnity.
Appears in 1 contract
Samples: Trust Agreement
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has become is mutilated, the Trustee, at the expense of the Owner of said such Certificate, will shall execute and deliver a new Certificate of like tenor, maturityprincipal amount, interest rate and number maturity in exchange and substitution replacement for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every The Trustee shall cancel and destroy every mutilated Certificate so surrendered to the Trustee will be canceled by it and periodically destroyed in accordance with then applicable record retention requirementsshall deliver a certificate of destruction to the District at the request of the District. If any Certificate has been is lost, destroyed or stolen, evidence of such loss, destruction or theft may must be submitted to the Trustee Trustee, and, if such evidence is satisfactory to the Trustee and if an indemnity of the Trustee and the City satisfactory to the Trustee has been is given, the Trustee, at the expense of the Owner of the CertificateCertificate Owner, will shall execute and deliver a new Certificate of like tenor, maturityprincipal amount, interest rate, rate and number maturity and numbered as the Trustee determines shall determine in lieu of and in substitution replacement for the Certificate so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding the actual cost of preparing an appropriate fee for each new replacement Certificate executed and delivered under this Section and of the expenses that which may be incurred by the Trustee in carrying out the duties under this Section. Any Certificate executed and delivered under the provisions of this Section in lieu of any Certificate alleged to be lost, destroyed or stolen will shall be equally and proportionately entitled to the benefits of this Declaration of Trust Agreement with all other Certificates secured by this Declaration of TrustTrust Agreement. The Trustee will is not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that which may be Outstanding executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate will shall be treated as one and the same. Notwithstanding any other provision of this Section, in lieu of delivering a new Certificate replacement for a Certificate that which has been mutilated, lost, destroyed or stolen stolen, and that which has matured, is about to mature or has been selected for prepayment, the Trustee may make payment with respect to such Certificate upon receipt of such Certificateindemnity satisfactory to the Trustee and the District.
Appears in 1 contract
Samples: Trust Agreement
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has become is mutilated, the Trustee, at the expense of the Owner of said such Certificate, will shall execute and deliver a new Certificate of like tenor, maturityprincipal amount, interest rate and number maturity in exchange and substitution replacement for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every The Trustee shall cancel and destroy every mutilated Certificate so surrendered to the Trustee will be canceled by it and periodically destroyed in accordance with then applicable record retention requirementsshall deliver a certificate of destruction to the District at the request of the District. If any Certificate has been is lost, destroyed or stolen, evidence of such loss, destruction or theft may must be submitted to the Trustee Trustee, and, if such evidence is satisfactory to the Trustee and if an indemnity of the Trustee and the City satisfactory to the Trustee has been is given, the Trustee, at the expense of the Owner of the CertificateCertificate Owner, will shall execute and deliver a new Certificate of like tenor, maturityprincipal amount, interest rate, rate and number maturity and numbered as the Trustee determines shall determine in lieu of and in substitution replacement for the Certificate so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding the actual cost of preparing an appropriate fee for each new replacement Certificate executed and delivered under this Section 2.08 and of the expenses that which may be incurred by the Trustee in carrying out the duties under this SectionSection 2.08. Any Certificate executed and delivered under the provisions of this Section 2.08 in lieu of any Certificate alleged to be lost, destroyed or stolen will be is equally and proportionately entitled to the benefits of this Declaration of Trust Agreement with all other Certificates secured by this Declaration of TrustTrust Agreement. The Trustee will is not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that which may be Outstanding executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate will be are treated as one and the same. Notwithstanding any other provision of this SectionSection 2.08, in lieu of delivering a new Certificate replacement for a Certificate that which has been mutilated, lost, destroyed or stolen stolen, and that which has matured, is about to mature or has been selected for prepayment, the Trustee may make payment with respect to such Certificate upon receipt of such Certificateindemnity satisfactory to the Trustee and the District.
Appears in 1 contract
Samples: Trust Agreement
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has become becomes mutilated, the Trustee, at the expense of the Owner of said Certificatesuch Certificate or Certificates, will execute and deliver a new Certificate Certificate, and of like tenor, tenor and maturity, interest rate and number in exchange and substitution for of the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee will be canceled by it the Trustee and periodically destroyed in accordance with then applicable record retention requirementsa new Certificate of like principal, interest and maturity will be delivered to the owner requesting such new Certificate. If any Certificate has been is lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee Trustee, and, if such evidence is satisfactory to the Trustee and and, if an indemnity of the Trustee and the City satisfactory to the Trustee has been givenis given to the Trustee, then the Trustee, at the expense of the Owner of the CertificateCertificates Owner, will execute and deliver a new Certificate Certificate, of such series, of like tenor, tenor and maturity, interest rate, and number numbered as the Trustee determines will determine in lieu of and in substitution for the Certificate so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding the actual cost of preparing an appropriate fee for each new Certificate executed and delivered under this Section 2.08 and of the expenses that which may be incurred by the Trustee in carrying out the duties under this SectionSection 2.08. Any Certificate executed and delivered issued under the provisions of this Section 2.08 in lieu of any Certificate alleged to be lost, destroyed or stolen will be equally and proportionately entitled to the benefits of this Declaration of Trust Indenture with all other Certificates secured by this Declaration of TrustIndenture. The Trustee will not be required to treat both the original Certificate and any replacement duplicate Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that which may be Outstanding executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate duplicate Certificates will be treated as one and the same. Notwithstanding any other provision If, after the delivery of this Sectionsuch replacement Certificates, a bona fide purchaser of the original Certificates in lieu of delivering which such replacement Certificates was issued, presents for payment or registration such original Certificates, the Trustee will be entitled to recover such replacement Certificates from the person to whom it was delivered or any person taking therefrom, except a new Certificate for a Certificate bona fide purchaser, and will be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Trustee in connection therewith. In the event that has been any such mutilated, lost, apparently destroyed or stolen and that has matured, wrongfully taken Certificates have become or is about to mature or has been selected for prepaymentbecome due and payable, the Trustee may make payment in its discretion may, instead of issuing replacement Certificates, pay such CertificateCertificates.
Appears in 1 contract
Samples: Trust Indenture
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has shall become mutilated, the Trustee, at the expense of the Owner of said Certificate, will shall execute and deliver a new Certificate of like tenor, maturity, interest rate maturity and number principal amount in exchange and substitution for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee will shall be canceled by it and periodically destroyed in accordance with then applicable record retention requirementsSection 13.07 hereof, and the Trustee shall deliver a certificate of destruction to the District. If any Certificate has been shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee and, if such evidence is satisfactory to the Trustee and if an indemnity of the Trustee and the City satisfactory to the Trustee has been shall be given, the Trustee, at the expense of the Owner of the CertificateCertificate Owner, will shall execute and deliver a new Certificate of like tenor, maturity, interest rate, tenor and number maturity and numbered as the Trustee determines shall determine in lieu of and in substitution for the Certificate so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding the actual cost of preparing an appropriate fee for each new Certificate executed and delivered under this Section 2.09 and of the expenses that which may be incurred by the Trustee in carrying out the duties under this SectionSection 2.09. Any Certificate executed and delivered under the provisions of this Section 2.09 in lieu of any Certificate alleged to be lost, destroyed or stolen will shall be equally and proportionately entitled to the benefits of this Declaration of Trust Agreement with all other Certificates secured by this Declaration of TrustTrust Agreement. The Trustee will shall not be required to treat both the original Certificate and any replacement substitute Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that which may be Outstanding executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both ; the original and replacement Trustee shall consider only the substitute Certificate will be treated as one and the sameOutstanding for such purpose. Notwithstanding any other provision of this SectionSection 2.09, in lieu of delivering a new Certificate for a Certificate that which has been mutilated, lost, destroyed or stolen stolen, and that which has matured, is about to mature or has been selected for prepayment, the Trustee may make payment with respect to such Certificate upon receipt of such Certificateindemnity satisfactory to the Trustee.
Appears in 1 contract
Samples: Trust Agreement
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has shall become mutilated, the Trustee, at the expense of the Owner of said Certificate, will shall execute and deliver a new Certificate of like series, tenor, maturity, interest rate maturity and number principal amount in exchange and substitution for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee will shall be canceled cancelled by it and periodically destroyed in accordance with then applicable record retention requirementsit. If any Certificate has been shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee Trustee, and, if such evidence is satisfactory to the Trustee and indemnity of the Trustee and the City and, if an indemnity, satisfactory to the Trustee has been indemnifying the Trustee, the Authority and the City, shall be given, the Trustee, at the expense of the Owner of the CertificateCertificate Owner, will shall execute and deliver a new Certificate of like series, tenor, maturity, interest rate, maturity and number principal amount and numbered as the Trustee determines shall determine in lieu of and in substitution for the Certificate so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding the actual cost of preparing an appropriate fee for each new Certificate executed and delivered under this Section and of the expenses that which may be incurred by the Trustee in carrying out the duties under this Section. Any Certificate executed and delivered under the provisions of this Section in lieu of any Certificate alleged to be lost, destroyed or stolen will shall be equally and proportionately entitled to the benefits of this Declaration of Trust Agreement with all other Certificates secured by this Declaration of TrustTrust Agreement. The Trustee will shall not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that which may be Outstanding executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate will shall be treated as one and the same. Notwithstanding any other provision of this Section, in lieu of delivering a new Certificate for a Certificate that in place of one which has been mutilated, lost, destroyed or stolen stolen, and that which has matured, is about to mature or has been selected called for prepayment, the Trustee may make payment with respect to such Certificate upon receipt of such Certificatethe above-mentioned indemnity.
Appears in 1 contract
Samples: Trust Agreement
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has shall become mutilated, the Trustee, at the expense of the Owner of said Certificate, will shall execute and deliver a new Certificate of like tenor, maturity, interest rate maturity and number amount in exchange and substitution for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee will shall be canceled by it and periodically destroyed in accordance with then applicable record retention requirementsa certificate of destruction furnished to the City. If any Certificate has been shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may shall be submitted to the Trustee Trustee, and, if such evidence is satisfactory to the Trustee and if an indemnity of the Trustee and the City satisfactory to the Trustee has been shall be given, the Trustee, at the expense of the Owner of the CertificateCertificate Owner, will shall execute and deliver a new Certificate of like tenor, maturity, interest rate, maturity and number amount and numbered as the Trustee determines shall determine in lieu of and in substitution for the Certificate so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding by the actual cost of preparing each new Certificate executed and delivered under this Section and City of the expenses that which may be incurred by the Trustee in carrying out the duties under this SectionSection 2.09. Any Certificate executed and delivered under the provisions of this Section 2.09 in lieu of any Certificate alleged to be lost, destroyed or stolen will shall be equally and proportionately fractionally entitled to the benefits of this Declaration of Trust Agreement with all other Certificates secured by this Declaration of TrustTrust Agreement. The Trustee will shall not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that which may be Outstanding executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate will shall be treated as one and the same. Notwithstanding any other provision of this SectionSection 2.09, in lieu of delivering a new Certificate for to replace a Certificate that which has been mutilated, lost, destroyed or stolen stolen, and that which has matured, is about to mature matured or has been selected called for prepaymentredemption, the Trustee may make payment with respect to such Certificate upon receipt of such Certificatethe aforementioned indemnity.
Appears in 1 contract
Samples: Trust Agreement
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has shall become mutilated, the Trustee, at the expense of the Owner of said Certificatethereof, will shall execute and deliver a new Certificate of like tenor, maturity, interest rate tenor and number Certificate Payment Date in exchange and substitution for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee will shall be canceled cancelled by it and periodically destroyed in accordance with then applicable record retention requirementsit. If any Certificate has been shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee andTrustee, and if such evidence is satisfactory to the Trustee and indemnity of the Trustee and the City satisfactory to the Trustee has been shall be given, the Trustee, at the expense of the Owner of the Certificatethereof, will shall execute and deliver a new Certificate of like tenor, maturityseries and Certificate Payment Date, interest rate, and number numbered as the Trustee determines shall determine, in lieu of and in substitution for the Certificate so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding the actual cost of preparing each new Certificate executed and delivered by it under this Section and of the expenses that which may be incurred by the Trustee it under this Section. Any Certificate executed and delivered under the provisions of this Section in lieu of any Certificate alleged to be lost, destroyed or stolen will shall be equally and proportionately entitled to the benefits of this Declaration of Trust hereof with all other Certificates secured by this Declaration of Trust. The executed and delivered hereunder, and the Trustee will shall not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that which may be Outstanding executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate will shall be treated as one and the same. Notwithstanding any other provision of this Section, in lieu of executing and delivering a new Certificate for a Certificate that which has been mutilated, lost, destroyed or stolen and that which has matured, is about to mature or has been selected for prepayment, the Trustee may make payment of the principal and interest evidenced and represented by such CertificateCertificate to the Owner thereof.
Appears in 1 contract
Samples: Trust Agreement
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has shall become mutilated, the TrusteeFiscal Agent, at the expense of the Owner of said Certificate, will shall execute and deliver a new Certificate of like tenor, maturity, interest rate and number tenor in exchange and substitution for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee Fiscal Agent of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee will Fiscal Agent shall be canceled delivered to the Fiscal Agent for cancellation, shall be cancelled by it the Fiscal Agent, and periodically destroyed in accordance with then applicable record retention requirementsshall be destroyed. If any Certificate has been executed and delivered hereunder shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee andFiscal Agent, and if such evidence is satisfactory to the Trustee Fiscal Agent and the State Treasurer and indemnity of the Trustee and the City satisfactory to the Trustee has been Fiscal Agent and the State Treasurer shall be given, the TrusteeFiscal Agent, at the expense of the Owner of the CertificateOwner, will shall execute and deliver a new Certificate of like tenor, maturity, interest rate, and number as the Trustee determines tenor in lieu of and in substitution for the Certificate so lost, destroyed or stolenstolen (or if the Principal Component evidenced and represented by any such Certificate shall have become due and payable or shall be about to become due and payable, instead of executing and delivering a substitute Certificate the Fiscal Agent may pay the same without surrender thereof). The Trustee Fiscal Agent may require payment of a sum not exceeding the actual cost of preparing reasonable fee for each new Certificate executed and delivered under this Section and payment of the expenses that which may be incurred by the Trustee under this SectionState Treasurer and the Fiscal Agent. Any Certificate executed and delivered under the provisions of this Section section in lieu of any Certificate alleged to be lost, destroyed or stolen will shall be equally and proportionately entitled to the benefits of this Declaration of Trust Agreement with all other Certificates secured by this Declaration of Trusthereby. The Trustee will Fiscal Agent shall not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that may be Outstanding hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate will shall be treated as one and the same. Notwithstanding any other provision of this Section, in lieu of delivering a new Certificate for a Certificate that has been mutilated, lost, destroyed or stolen and that has matured, is about to mature or has been selected for prepayment, the Trustee may make payment of such Certificate.
Appears in 1 contract
Samples: Trust Agreement
Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate has become is mutilated, the Trustee, at the expense of the Owner of said such Certificate, will shall execute and deliver a new Certificate of like tenor, maturityprincipal amount, interest rate and number maturity in exchange and substitution replacement for the Certificate so mutilated (except that such number may be preceded by a distinguishing prefix)mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee will shall be canceled by it and periodically destroyed in accordance with then applicable record retention requirementsby the Trustee, who shall, upon request of the District, deliver a certificate of destruction to the District. If any Certificate has been shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may must be submitted to the Trustee Trustee, and, if such evidence is satisfactory to the Trustee and the District and, if an indemnity of satisfactory to the Trustee and the City satisfactory to the Trustee has been District shall be given, the Trustee, at the expense of the Owner of the CertificateCertificate Owner, will shall execute and deliver a new Certificate of like tenor, maturityprincipal amount, interest rate, rate and number maturity and numbered as the Trustee determines shall determine in lieu of and in substitution replacement for the Certificate so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding the actual cost of preparing an appropriate fee for each new replacement Certificate executed and delivered under this Section 2.08 and of the expenses that which may be incurred by the Trustee in carrying out the duties under this SectionSection 2.08. Any Certificate executed and delivered under the provisions of this Section 2.08 in lieu of any Certificate alleged to be lost, destroyed or stolen will shall be equally and proportionately entitled to the benefits of this Declaration of Trust Agreement with all other Certificates secured by this Declaration of TrustTrust Agreement. The Trustee will is not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the principal amount of Certificates that which may be Outstanding executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate will shall be treated as one and the same. Notwithstanding any other provision of this SectionSection 2.08, in lieu of delivering a new Certificate replacement for a Certificate that which has been mutilated, lost, destroyed or stolen stolen, and that which has matured, is about to mature or has been selected for prepayment, the Trustee may make payment with respect to such Certificate upon receipt of such Certificateindemnity satisfactory to the Trustee and the District.
Appears in 1 contract
Samples: Installment Sale Agreement