Common use of Certificates Mutilated, Lost, Destroyed or Stolen Clause in Contracts

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become mutilated, the Trustee, at the expense of the Owner thereof, shall execute and deliver a new Certificate evidencing a like principal amount and having the same stated Principal Payment Date and number in exchange and substitution for the Certificate so mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall be canceled by it. If any Certificate 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 an indemnity satisfactory to the Trustee shall be given, the Trustee, at the expense of the Owner thereof, shall execute and deliver a new Certificate evidencing a like principal amount and having the same stated Principal Payment Date, numbered as the Trustee 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 which may be incurred by 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 shall be equally and proportionately entitled to the benefits hereof with all other Certificates executed and delivered hereunder, and the Trustee shall not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the amount of Certificates which may be executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate 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 which has been lost, destroyed or stolen and which has matured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificate, the Trustee may make payment of such Certificate to the Owner thereof if so instructed by the City.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

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Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall has become mutilated, the Trustee, at the expense of the Owner thereofof said Certificate, shall will execute and deliver a new Certificate evidencing a of like principal amount and having the same stated Principal Payment Date tenor, maturity, interest rate and number in exchange and substitution for the Certificate so mutilatedmutilated (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 shall will be canceled by itit and periodically destroyed in accordance with then applicable record retention requirements. If any Certificate shall be has been lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the TrusteeTrustee and, and if such evidence is satisfactory to the Trustee an and indemnity of the Trustee and the City satisfactory to the Trustee shall be has been given, the Trustee, at the expense of the Owner thereofof the Certificate, shall will execute and deliver a new Certificate evidencing a of like principal amount tenor, maturity, interest rate, and having the same stated Principal Payment Date, numbered number as the Trustee shall determine, 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 by it under this Section and of the expenses which that may be incurred by it 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 shall will be equally and proportionately entitled to the benefits hereof of this Declaration of Trust with all other Certificates executed and delivered hereunder, and the secured by this Declaration of Trust. The Trustee shall 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 which that may be executed and delivered Outstanding hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate shall will 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 which that has been mutilated, lost, destroyed or stolen and which that has matured matured, is about to mature or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificatebeen selected for prepayment, the Trustee may make payment of such Certificate to the Owner thereof if so instructed by the CityCertificate.

Appears in 2 contracts

Samples: Lease Purchase Agreement, Lease Purchase Agreement

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become mutilated, the Trustee, at the expense of the Owner thereof, shall execute and deliver a new Certificate evidencing a of like principal amount tenor and having the same stated Principal Certificate Payment Date and number in exchange and substitution for the Certificate so mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall be canceled cancelled by it. If any Certificate 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 an and indemnity satisfactory to the Trustee shall be given, the Trustee, at the expense of the Owner thereof, shall execute and deliver a new Certificate evidencing a of like principal amount tenor, series and having the same stated Principal Certificate Payment Date, numbered as the Trustee 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 which may be incurred by 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 shall be equally and proportionately entitled to the benefits hereof with all other Certificates executed and delivered hereunder, and the Trustee shall not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the amount of Certificates which may be executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate 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 which has been lost, destroyed or stolen and which has matured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificatematured, the Trustee may make payment of the principal and interest evidenced and represented by such Certificate to the Owner thereof if so instructed by the Citythereof.

Appears in 1 contract

Samples: Trust Agreement

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become mutilated, the Trustee, at the expense of the Owner thereofof said Certificate, shall execute and deliver a new Certificate evidencing a of like principal amount tenor and having the same stated Principal Payment Date and number maturity in exchange and substitution for the Certificate so mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall be canceled cancelled by it. If any Certificate shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee, and and, if such evidence is satisfactory to the Trustee and, if an indemnity indemnity, satisfactory to the Trustee indemnifying the Trustee, the Corporation and the District, shall be given, the Trustee, at the expense of the Owner thereofCertificate Owner, shall execute and deliver a new Certificate evidencing a of like principal amount tenor and having the same stated Principal Payment Date, maturity and numbered as the Trustee shall determine, 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 by it under this Section and of the expenses which may be incurred by it 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 shall be equally and proportionately entitled to the benefits hereof of this Trust Agreement with all other Certificates executed and delivered hereunder, and the secured by this Trust Agreement. The Trustee 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 which may be executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate 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 in place of one which has been mutilated, lost, destroyed or stolen stolen, and which has matured matured, or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificatebeen called for prepayment, the Trustee may make payment of with respect to such Certificate to upon receipt of the Owner thereof if so instructed by the Cityabove-mentioned indemnity.

Appears in 1 contract

Samples: Trust Agreement

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become mutilated, the Trustee, at the written request and expense of the Owner thereofHolder of said Certificate, the Trustee shall execute and deliver to such Holder a new Certificate evidencing a of like principal amount tenor and having the same stated Principal Payment Date and number number, in exchange and substitution for the Certificate so mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall be canceled by itit and destroyed. If any Certificate 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, and and, if such evidence is satisfactory to the Trustee and if an indemnity satisfactory to the Trustee and the Company shall be given, the Trustee, at the expense of the Owner thereofCertificate Holder, the Trustee shall execute and deliver to the Certificate Holder a new Certificate evidencing a of like principal amount tenor and having the same stated Principal Payment Date, numbered as the Trustee shall determine, 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 by it issued under this Section and of the expenses which may be incurred by it under this Sectionthe Company and the Trustee hereunder. 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 shall be equally and proportionately entitled to the benefits hereof with all other Certificates executed and delivered hereunder, and the benefit of this Trust Agreement. The Trustee shall not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the amount of Certificates which may be executed and delivered issued hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate 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 which has been lost, destroyed or stolen and which has matured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificate, the Trustee may make payment of such Certificate to the Owner thereof if so instructed by the City.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (Northeast Utilities System)

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become is mutilated, the Trustee, at the expense of the Owner thereofof such Certificate, shall execute and deliver a new Certificate evidencing a of like principal amount amount, interest rate and having the same stated Principal Payment Date and number maturity in exchange and substitution replacement for the Certificate so 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 it and shall deliver a certificate of destruction to the Trustee shall be canceled by itDistrict at the request of the District. If any Certificate shall be is lost, destroyed or stolen, evidence of such loss, destruction or theft may must be submitted to the Trustee, and and, if such evidence is satisfactory to the Trustee and if an indemnity satisfactory to the Trustee shall be is given, the Trustee, at the expense of the Owner thereofCertificate Owner, shall execute and deliver a new Certificate evidencing a of like principal amount amount, interest rate and having the same stated Principal Payment Date, maturity and numbered as the Trustee shall determine, 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 by it under this Section and of the expenses which may be incurred by it 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 shall be equally and proportionately entitled to the benefits hereof of this Trust Agreement with all other Certificates executed and delivered hereunder, and the secured by this Trust Agreement. The Trustee shall 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 which may be executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate shall be treated as one and the same. Notwithstanding any other provision of this Section, in lieu of executing and delivering a new Certificate replacement for a Certificate which has been mutilated, lost, destroyed or stolen stolen, and which has matured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificatematured, the Trustee may make payment of with respect to such Certificate upon receipt of indemnity satisfactory to the Owner thereof if so instructed by Trustee and the CityDistrict.

Appears in 1 contract

Samples: Trust Agreement

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become mutilated, the Trustee, at the expense of the Owner thereofof said Certificate, shall execute and deliver a new Certificate evidencing a of like principal tenor, maturity and amount and having the same stated Principal Payment Date and number in exchange and substitution for the Certificate so mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall be canceled by itit and destroyed with a certificate of destruction furnished to the City. If any Certificate shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may shall be submitted to the Trustee, and and, if such evidence is satisfactory to the Trustee and if an indemnity satisfactory to the Trustee shall be given, the Trustee, at the expense of the Owner thereofCertificate Owner, shall execute and deliver a new Certificate evidencing a of like principal tenor, maturity and amount and having the same stated Principal Payment Date, numbered as the Trustee shall determine, 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 by it under this Section and City of the expenses which may be incurred by it 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 shall be equally and proportionately fractionally entitled to the benefits hereof of this Trust Agreement with all other Certificates executed and delivered hereunder, and the secured by this Trust Agreement. The Trustee 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 which may be executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate shall be treated as one and the same. Notwithstanding any other provision of this SectionSection 2.09, in lieu of executing and delivering a new Certificate for to replace a Certificate which has been mutilated, lost, destroyed or stolen stolen, and which has matured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificatebeen called for redemption, the Trustee may make payment of with respect to such Certificate to upon receipt of the Owner thereof if so instructed by the Cityaforementioned indemnity.

Appears in 1 contract

Samples: Trust Agreement

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become is mutilated, the Trustee, at the expense of the Owner thereofof such Certificate, shall will execute and deliver a new Certificate evidencing a of like principal amount amount, interest rate and having the same stated Principal Payment Date and number maturity in exchange and substitution replacement for the Certificate so mutilated, but only upon on surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall be canceled by it. If any Certificate shall be is lost, destroyed or stolen, evidence of such loss, destruction or theft may must be submitted to the Trustee, and and, if such evidence is satisfactory to the Trustee and the City and if an indemnity is given satisfactory to the Trustee shall be givenand the City, the Trustee, at the expense of the Owner thereofCertificate Owner, shall will execute and deliver a new Certificate evidencing a of like principal amount amount, interest rate and having the same stated Principal Payment Date, maturity and numbered as the Trustee shall determine, 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 by it under this Section 2.08 and of the expenses which may be incurred by it 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 shall be is equally and proportionately entitled to the benefits hereof of this Trust Agreement with all other Certificates executed and delivered hereunder, and the secured by this Trust Agreement. The Trustee shall 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 which may be executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate shall will be treated as one and the same. Notwithstanding any other provision of this SectionSection 2.08, in lieu of executing and delivering a new Certificate replacement for a Certificate which has been mutilated, lost, destroyed or stolen stolen, and which has matured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificatematured, the Trustee may make payment of with respect to such Certificate upon receipt of indemnity satisfactory to the Owner thereof if so instructed by Trustee and the City.

Appears in 1 contract

Samples: Trust Agreement

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become becomes mutilated, the Trustee, at the expense of the Owner thereofof such Certificate or Certificates, shall will execute and deliver a new Certificate evidencing a Certificate, and of like principal amount tenor and having the same stated Principal Payment Date and number maturity, in exchange and substitution for of the Certificate so mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall will be canceled by itthe Trustee and a new Certificate of like principal, interest and maturity will be delivered to the owner requesting such new Certificate. If any Certificate shall be is lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee, and and, if such evidence is satisfactory to the Trustee and, if an indemnity satisfactory to the Trustee shall be givenis given to the Trustee, then the Trustee, at the expense of the Owner thereofCertificates Owner, shall will execute and deliver a new Certificate evidencing a Certificate, of such series, of like principal amount tenor and having the same stated Principal Payment Datematurity, and numbered as the Trustee shall determine, 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 by it under this Section 2.08 and of the expenses which may be incurred by it 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 shall will be equally and proportionately entitled to the benefits hereof of this Indenture with all other Certificates executed and delivered hereunder, and the secured by this Indenture. The Trustee shall 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 which may be executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate shall 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 executing and delivering a new Certificate which such replacement Certificates was issued, presents for a Certificate which has been lost, destroyed payment or stolen and which has matured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificateregistration such original Certificates, the Trustee may make payment of will be entitled to recover such Certificate replacement Certificates from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and will be entitled to recover upon the security or indemnity provided therefor to the Owner thereof if so instructed extent of any loss, damage, cost or expense incurred by the CityTrustee in connection therewith. In the event that any such mutilated, lost, apparently destroyed or wrongfully taken Certificates have become or is about to become due and payable, the Trustee in its discretion may, instead of issuing replacement Certificates, pay such Certificates.

Appears in 1 contract

Samples: Trust Indenture

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become is mutilated, the Trustee, at the expense of the Owner thereofof such Certificate, shall execute and deliver a new Certificate evidencing a of like principal amount amount, interest rate and having the same stated Principal Payment Date and number maturity in exchange and substitution replacement for the Certificate so 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 it and shall deliver a certificate of destruction to the Trustee shall be canceled by itDistrict at the request of the District. If any Certificate shall be is lost, destroyed or stolen, evidence of such loss, destruction or theft may must be submitted to the Trustee, and and, if such evidence is satisfactory to the Trustee and if an indemnity satisfactory to the Trustee shall be is given, the Trustee, at the expense of the Owner thereofCertificate Owner, shall execute and deliver a new Certificate evidencing a of like principal amount amount, interest rate and having the same stated Principal Payment Date, maturity and numbered as the Trustee shall determine, 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 by it under this Section 2.08 and of the expenses which may be incurred by it 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 shall be is equally and proportionately entitled to the benefits hereof of this Trust Agreement with all other Certificates executed and delivered hereunder, and the secured by this Trust Agreement. The Trustee shall 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 which may be executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate shall be are treated as one and the same. Notwithstanding any other provision of this SectionSection 2.08, in lieu of executing and delivering a new Certificate replacement for a Certificate which has been mutilated, lost, destroyed or stolen stolen, and which has matured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificatematured, the Trustee may make payment of with respect to such Certificate upon receipt of indemnity satisfactory to the Owner thereof if so instructed by Trustee and the CityDistrict.

Appears in 1 contract

Samples: Trust Agreement

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become mutilated, the Trustee, at the expense of the Owner thereofof said Certificate, shall execute and deliver a new Certificate evidencing a of like series, tenor, maturity and principal amount and having the same stated Principal Payment Date and number in exchange and substitution for the Certificate so mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall be canceled cancelled by it. If any Certificate shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee, and and, if such evidence is satisfactory to the Trustee and, if an indemnity indemnity, satisfactory to the Trustee indemnifying the Trustee, the Authority and the City, shall be given, the Trustee, at the expense of the Owner thereofCertificate Owner, shall execute and deliver a new Certificate evidencing a of like series, tenor, maturity and principal amount and having the same stated Principal Payment Date, numbered as the Trustee shall determine, 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 by it under this Section and of the expenses which may be incurred by it 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 shall be equally and proportionately entitled to the benefits hereof of this Trust Agreement with all other Certificates executed and delivered hereunder, and the secured by this Trust Agreement. The Trustee 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 which may be executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate 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 in place of one which has been mutilated, lost, destroyed or stolen stolen, and which has matured matured, or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificatebeen called for prepayment, the Trustee may make payment of with respect to such Certificate to upon receipt of the Owner thereof if so instructed by the Cityabove-mentioned indemnity.

Appears in 1 contract

Samples: Trust Agreement

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become mutilated, the Trustee, at the expense of the Owner thereof, shall execute and deliver a new Certificate evidencing a like principal amount and having the same stated Principal Payment Date and number in exchange and substitution for the Certificate so mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall be canceled by itit and disposed of in a manner deemed appropriate by the Trustee. If any Certificate 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 an and indemnity satisfactory to the Trustee shall be given, the Trustee, at the expense of the Owner thereof, shall execute and deliver a new Certificate evidencing a like principal amount and having the same stated Principal Payment Date, numbered as the Trustee 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 which may be incurred by 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 shall be equally and proportionately entitled to the benefits hereof with all other Certificates executed and delivered hereunder, and the Trustee shall not be required to treat both the original Certificate and any replacement Certificate as being Outstanding for the purpose of determining the amount of Certificates which may be executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate 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 which has been lost, destroyed or stolen and which has matured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificateevidences principal that is then payable, the Trustee may make payment of such Certificate to the Owner thereof if so instructed by the CityDistrict.

Appears in 1 contract

Samples: Trust Agreement

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Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become mutilated, the Trustee, at the expense of the Owner thereofof said Certificate, shall execute and deliver a new Certificate evidencing a of like maturity and principal amount and having the same stated Principal Payment Date and number in exchange and substitution for the Certificate so mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall be canceled by itit and destroyed in accordance with Section 13.07 hereof, and the Trustee shall deliver a certificate of destruction to the District. If any Certificate shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the TrusteeTrustee and, and if such evidence is satisfactory to the Trustee and if an indemnity satisfactory to the Trustee shall be given, the Trustee, at the expense of the Owner thereofCertificate Owner, shall execute and deliver a new Certificate evidencing a of like principal amount tenor and having the same stated Principal Payment Date, maturity and numbered as the Trustee shall determine, 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 by it under this Section 2.09 and of the expenses which may be incurred by it 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 shall be equally and proportionately entitled to the benefits hereof of this Trust Agreement with all other Certificates executed and delivered hereunder, and the secured by this Trust Agreement. The Trustee 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 which may be 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 shall be treated as one and the sameOutstanding for such purpose. Notwithstanding any other provision of this SectionSection 2.09, in lieu of executing and delivering a new Certificate for a Certificate which has been mutilated, lost, destroyed or stolen stolen, and which has matured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificatematured, the Trustee may make payment of with respect to such Certificate upon receipt of indemnity satisfactory to the Owner thereof if so instructed by the CityTrustee.

Appears in 1 contract

Samples: Trust Agreement

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become mutilated, the Trustee, at the expense of the Owner thereof, Trustee shall execute and deliver a new Certificate evidencing a of like tenor, series, maturity, and principal amount and having the same stated Principal Payment Date and number amount, in exchange and substitution for the Certificate so mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall be canceled by itit and destroyed. If any Certificate shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee, and and, if such evidence is satisfactory to the Trustee an and indemnity satisfactory to the Trustee shall be givengiven indemnifying the Trustee, the Corporation and the District, the Trustee, at the expense of the Owner thereofCertificate Owner, shall execute and deliver a new Certificate evidencing a of like principal amount tenor, series and having the same stated Principal Payment Datematurity, and numbered as the Trustee 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 which may be incurred by it 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 shall be equally and proportionately entitled to the benefits hereof of this Agreement with all other Certificates executed and delivered hereunder, and the secured by this Agreement. The Trustee 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 which may be executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate 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 which has been mutilated, lost, destroyed or stolen and which has matured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificatebeen selected for prepayment, the Trustee may may, at the direction of the District, make payment of such Certificate upon receipt of indemnity satisfactory to the Owner thereof if so instructed by the CityTrustee.

Appears in 1 contract

Samples: Trust Agreement

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become mutilated, the Trustee, at the expense of the Owner thereof, of said Certificate shall execute and deliver a new Certificate evidencing a of like principal amount tenor and having the same stated Principal Payment Date and number maturity in exchange and substitution for the Certificate so mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall be canceled by itit and destroyed and a certificate of destruction will be delivered to the School District. If any Certificate shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee, and and, if such evidence is satisfactory to the Trustee and if an indemnity satisfactory to the Trustee shall be given, the Trustee, at the expense of the Owner thereofCertificate Owner, shall execute and deliver a new Certificate evidencing a of like principal amount tenor and having the same stated Principal Payment Date, maturity and numbered as the Trustee shall determine, 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 by it under this Section and of the expenses which may be incurred by it 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 shall be equally and proportionately entitled to the benefits hereof of this Trust Agreement with all other Certificates executed and delivered hereunder, and the secured by this Trust Agreement. The Trustee 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 which may be executed and delivered issued hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement duplicate Certificate 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 which has been mutilated, lost, destroyed or stolen and which has matured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificatematured, the Trustee may make payment of such Certificate to the Owner thereof if so instructed by the CityCertificate.

Appears in 1 contract

Samples: Trust Agreement

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become mutilated, the Trustee, at the expense of the Owner thereofof such Certificate, shall execute and deliver a new Certificate evidencing a of like principal amount amount, interest rate and having the same stated Principal Payment Date and number maturity in exchange and substitution replacement for the Certificate so mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall be canceled cancelled by itit and destroyed by the Trustee, in accordance with its retention policy then in effect. If any Certificate shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may must be submitted to the Trustee, and and, if such evidence is satisfactory to the Trustee and, if an indemnity satisfactory to the Trustee shall be given, the Trustee, at the expense of the Owner thereofCertificate Owner, shall execute and deliver a new Certificate evidencing a of like principal amount amount, interest rate and having the same stated Principal Payment Date, maturity and numbered as the Trustee shall determine, 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 by it under this Section 2.09 and of the expenses which may be incurred by it 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 shall be equally and proportionately entitled to the benefits hereof of this Trust Agreement with all other Certificates executed and delivered hereunder, and the secured by this Trust Agreement. The Trustee 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 which may be executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate shall be treated as one and the same. Notwithstanding any other provision of this SectionSection 2.09, in lieu of executing and delivering a new Certificate replacement for a Certificate which has been mutilated, lost, destroyed or stolen stolen, and which has matured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificatematured, the Trustee may make payment of with respect to such Certificate upon receipt of indemnity satisfactory to the Owner thereof if so instructed by the CityTrustee.

Appears in 1 contract

Samples: Trust Agreement

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become mutilated, the Trustee, at the expense of the Owner thereofof said Certificate, shall execute and deliver a new Certificate evidencing a of like principal tenor, maturity and amount and having the same stated Principal Payment Date and number in exchange and substitution for the Certificate so mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall be canceled by itit and destroyed with a certificate of destruction furnished to the Town. If any Certificate shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may shall be submitted to the Trustee, and and, if such evidence is satisfactory to the Trustee and if an indemnity satisfactory to the Trustee shall be given, the Trustee, at the expense of the Owner thereofCertificate Owner, shall execute and deliver a new Certificate evidencing a of like principal tenor, maturity and amount and having the same stated Principal Payment Date, numbered as the Trustee shall determine, 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 by it under this Section and Town of the expenses which may be incurred by it 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 shall be equally and proportionately fractionally entitled to the benefits hereof of this Trust Agreement with all other Certificates executed and delivered hereunder, and the secured by this Trust Agreement. The Trustee 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 which may be executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate shall be treated as one and the same. Notwithstanding any other provision of this SectionSection 2.09, in lieu of executing and delivering a new Certificate for to replace a Certificate which has been mutilated, lost, destroyed or stolen stolen, and which has matured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificatebeen called for redemption, the Trustee may make payment of with respect to such Certificate to upon receipt of the Owner thereof if so instructed by the Cityaforementioned indemnity.

Appears in 1 contract

Samples: Trust Agreement

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become is mutilated, the Trustee, at the expense of the Owner thereofof such Certificate, shall execute and deliver a new Certificate evidencing a of like principal amount amount, interest rate and having the same stated Principal Payment Date and number maturity in exchange and substitution replacement for the Certificate so mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall be canceled by itit and destroyed by the Trustee, who shall, upon request of the District, deliver a certificate of destruction to the District. If any Certificate shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may must be submitted to the Trustee, and and, if such evidence is satisfactory to the Trustee and the District and, if an indemnity satisfactory to the Trustee and the District shall be given, the Trustee, at the expense of the Owner thereofCertificate Owner, shall execute and deliver a new Certificate evidencing a of like principal amount amount, interest rate and having the same stated Principal Payment Date, maturity and numbered as the Trustee shall determine, 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 by it under this Section 2.08 and of the expenses which may be incurred by it 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 shall be equally and proportionately entitled to the benefits hereof of this Trust Agreement with all other Certificates executed and delivered hereunder, and the secured by this Trust Agreement. The Trustee shall 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 which may be executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate shall be treated as one and the same. Notwithstanding any other provision of this SectionSection 2.08, in lieu of executing and delivering a new Certificate replacement for a Certificate which has been mutilated, lost, destroyed or stolen stolen, and which has matured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificatematured, the Trustee may make payment of with respect to such Certificate upon receipt of indemnity satisfactory to the Owner thereof if so instructed by Trustee and the CityDistrict.

Appears in 1 contract

Samples: Trust Agreement

Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate shall become mutilated, the TrusteeFiscal Agent, at the expense of the Owner thereofof said Certificate, shall execute and deliver a new Certificate evidencing a of like principal amount and having the same stated Principal Payment Date and number tenor in exchange and substitution for the Certificate so mutilated, but only upon surrender to the Trustee Fiscal Agent of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee Fiscal Agent shall be canceled delivered to the Fiscal Agent for cancellation, shall be cancelled by itthe Fiscal Agent, and shall be destroyed. If any Certificate executed and delivered hereunder shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the TrusteeFiscal Agent, and if such evidence is satisfactory to the Trustee an Fiscal Agent and the State Treasurer and indemnity satisfactory to the Trustee Fiscal Agent and the State Treasurer shall be given, the TrusteeFiscal Agent, at the expense of the Owner thereofOwner, shall execute and deliver a new Certificate evidencing a of like principal amount and having the same stated Principal Payment Date, numbered as the Trustee shall determine, 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 by it under this Section and payment of the expenses which may be incurred by it under this Sectionthe State 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 shall be equally and proportionately entitled to the benefits hereof of this Trust Agreement with all other Certificates executed and delivered hereunder, and the Trustee secured hereby. The 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 amount of Certificates which may be executed and delivered hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and replacement Certificate 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 which has been lost, destroyed or stolen and which has matured or will mature within 30 days after the Trustee has received all required indemnity and payments on account of a lost, destroyed or stolen Certificate, the Trustee may make payment of such Certificate to the Owner thereof if so instructed by the City.

Appears in 1 contract

Samples: Defeasance Trust Agreement

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