Common use of Exchange or Replacement of Notes Clause in Contracts

Exchange or Replacement of Notes. (a) The holder of any Note or Notes, at its option, may in person or by duly authorized attorney surrender one or more thereof for exchange, at the principal executive offices of the Maker, and at the expense of the Maker receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid on the Note or Notes so surrendered and to be in such principal amount and payable to such person or persons, or order, as such holder may designate in writing; provided, however, that the Maker shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the name other than that of the holder of the Note or Notes surrendered in exchange therefor. Five days' prior written notice of the holder's intention to make such exchange shall be given to the Maker. (b) the Maker), and upon surrender and cancellation of this Note, if mutilated, the Maker, upon reimbursement to it of all reasonable expenses incidental thereto, will make and deliver a new Note, of like tenor in lieu of this Note. Any Note made and delivered in accordance with the provisions of this paragraph (b) shall be dated as of the date to which interest has been paid on this Note.

Exchange or Replacement of Notes. (a) The holder of any Note or Notes, at its option, may in person or by duly authorized attorney surrender one or more thereof for exchange, at the principal executive offices of the Maker, and at the expense of the Maker receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid on the Note or Notes so surrendered and to be in such principal amount and payable to such person or persons, or order, as such holder may designate in writing; provided, however, that the Maker shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the name other than that of the holder of the Note or Notes surrendered in exchange therefor. Five days' prior written notice of the holder's intention to make such exchange shall be given to the Maker. (b) Upon receipt by the Maker of evidence satisfactory to it of the loss, theft, destruction or mutilation of this Note, and (in case of loss, theft or destruction) of indemnity reasonably satisfactory to it (it being understood that in the case of Abbingdon-II an unsecured written indemnification agreement shall be satisfactory to the Maker), and upon surrender and 16 16 cancellation of this Note, if mutilated, the Maker, upon reimbursement to it of all reasonable expenses incidental thereto, will make and deliver a new Note, of like tenor in lieu of this Note. Any Note made and delivered in accordance with the provisions of this paragraph (b) shall be dated as of the date to which interest has been paid on this Note.

Exchange or Replacement of Notes. (a) The holder Holder of any Note or NotesNote, at its option, such Holder's option may in person or by duly authorized attorney surrender one or more thereof such Note for exchange, at the principal executive offices office or agency of the MakerCompany maintained pursuant to Section 6(a) of this Note, and at the expense of the Maker receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid outstanding principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid most recent Interest Payment Date on the Note or Notes so surrendered and to be in such outstanding principal amount and payable to such person or persons, or order, as such holder Holder may designate in writing; provided, however, that the Maker Company shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the a name other than that of the holder Holder of the Note or Notes surrendered in exchange therefor; provided, further, however, that the Company shall not be required to so register the transfer unless the conditions for transfer in the Purchase Agreement have been satisfied. Five days' The Holder shall give to the Company 10 days prior written notice of the holdersuch Xxxxxx's intention to make such exchange shall be given to the Makerexchange. (b) Upon receipt by the Maker)Company of evidence satisfactory to it of the loss, theft or destruction, mutilation of any Note and (in case of loss, theft or destruction) of indemnity satisfactory to it, and upon surrender and cancellation of this such Note, if mutilated, the Maker, upon reimbursement to it of all reasonable expenses incidental thereto, Company will make execute and deliver a new Note, of like tenor in lieu of this Notesuch Note a new Note of like tenor. Any such new Note made shall be dated as of the most recent Interest Payment Date on the Note in lieu of which such new Note is executed and delivered. The term "outstanding" when used in this Note with reference to the Notes as of any particular time shall not include (i) any Note in lieu of which a new Note has been executed and delivered by the Company in accordance with the provisions of this paragraph Section and (bii) shall be dated as any Note held or beneficially owned by the Company or any of the date to which interest has been paid on this Noteits affiliates.

Exchange or Replacement of Notes. (a) The holder of any Note or Notes, at its option, may in person or by duly authorized attorney surrender one or more thereof for exchange, at the principal executive offices of the Maker, and at the expense of the Maker receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid on the Note or Notes so surrendered and to be in such principal amount and payable to such person or persons, or order, as such holder may designate in writing; provided, however, that the Maker shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the name other than that of the holder of the Note or Notes surrendered in exchange therefor. Five days' prior written notice of the holder's intention to make such exchange shall be given to the Maker. (b) Upon receipt by the Maker of evidence satisfactory to it of the loss, theft, destruction or mutilation of this Note, and (in case of loss, theft or destruction) of indemnity reasonably satisfactory to it (it being understood that in the case of Abbingdon-III an unsecured written indemnification agreement shall be 16 16 satisfactory to the Maker), and upon surrender and cancellation of this Note, if mutilated, the Maker, upon reimbursement to it of all reasonable expenses incidental thereto, will make and deliver a new Note, of like tenor in lieu of this Note. Any Note made and delivered in accordance with the provisions of this paragraph (b) shall be dated as of the date to which interest has been paid on this Note.

Exchange or Replacement of Notes. (a) The holder of any Note or Notes, at its option, may in person or by duly authorized attorney surrender one or more thereof for exchange, at the principal executive offices of the Maker, and at the expense of the Maker receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid on the Note or Notes so surrendered and to be in such principal amount and payable to such person or persons, or order, as such holder may designate in writing; provided, however, that the Maker shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the name other than that of the holder of the Note or Notes surrendered in exchange therefor. Five days' prior written notice of the holder's intention to make such exchange shall be given to the Maker. (b) Upon receipt by the Maker of evidence satisfactory to it of the loss, theft, destruction or mutilation of this Note, and (in case of loss, theft or destruction) of indemnity reasonably satisfactory to it (it being understood that in the case of Abbingdon-I an unsecured written indemnification agreement shall be 16 16 satisfactory to the Maker), and upon surrender and cancellation of this Note, if mutilated, the Maker, upon reimbursement to it of all reasonable expenses incidental thereto, will make and deliver a new Note, of like tenor in lieu of this Note. Any Note made and delivered in accordance with the provisions of this paragraph (b) shall be dated as of the date to which interest has been paid on this Note.

Exchange or Replacement of Notes. (a) The holder of any Note or Notes, at its option, may in person or by duly authorized attorney surrender one or more thereof for exchange, at the principal executive offices of the Maker, and at the expense of the Maker receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid on the Note or Notes so surrendered and to be in such principal amount and payable to such person or persons, or order, as such holder may designate in writing; provided, however, that the Maker shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the name other than that of the holder of the Note or Notes surrendered in exchange therefor. Five days' prior written notice of the holder's intention to make such exchange shall be given to the Maker. (b) Upon receipt by the Maker of evidence satisfactory to it of the loss, theft, destruction or mutilation of this Note, and (in case of loss, theft or destruction) of indemnity reasonably satisfactory to it (it being understood that in the case of Abbingdon-II an unsecured written indemnification agreement shall be 16 16 satisfactory to the Maker), and upon surrender and cancellation of this Note, if mutilated, the Maker, upon reimbursement to it of all reasonable expenses incidental thereto, will make and deliver a new Note, of like tenor in lieu of this Note. Any Note made and delivered in accordance with the provisions of this paragraph (b) shall be dated as of the date to which interest has been paid on this Note.

Exchange or Replacement of Notes. (a) The holder of any Note or Notes, at its option, may in person or by duly authorized attorney surrender one or more thereof for exchange, at the principal executive offices of the Maker, and at the expense of the Maker receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid on the Note or Notes so surrendered and to be in such principal amount and payable to such person or persons, or order, as such holder may designate in writing; provided, however, that the Maker shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the name other than that of the holder of the Note or Notes surrendered in exchange therefor. Five days' prior written notice of the holder's intention to make such exchange shall be given to the Maker. (b) Upon receipt by the Maker of evidence satisfactory to it of the loss, theft, destruction or mutilation of this Note, and (in case of loss, theft or destruction) of indemnity reasonably satisfactory to it (it being understood that in the case of Abbingdon-I an unsecured written indemnification agreement shall be satisfactory to the Maker), and upon surrender and 16 16 cancellation of this Note, if mutilated, the Maker, upon reimbursement to it of all reasonable expenses incidental thereto, will make and deliver a new Note, of like tenor in lieu of this Note. Any Note made and delivered in accordance with the provisions of this paragraph (b) shall be dated as of the date to which interest has been paid on this Note.

Exchange or Replacement of Notes. (a) The holder of any Note or Notes, at its option, may in person or by duly authorized attorney surrender one or more thereof for exchange, at the principal executive offices of the Maker, and at the expense of the Maker receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid on the Note or Notes so surrendered and to be in such principal amount and payable to such person or persons, or order, as such holder may designate in writing; provided, however, that the Maker shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the name other than that of the holder of the Note or Notes surrendered in exchange therefor. Five days' prior written notice of the holder's intention to make such exchange shall be given to the Maker. (b) Upon receipt by the Maker of evidence satisfactory to it of the loss, theft, destruction or mutilation of this Note, and (in case of loss, theft or destruction) of indemnity reasonably satisfactory to it (it being understood that in the case of Abbingdon-III an unsecured written indemnification agreement shall be satisfactory to the Maker), and upon surrender and 16 16 cancellation of this Note, if mutilated, the Maker, upon reimbursement to it of all reasonable expenses incidental thereto, will make and deliver a new Note, of like tenor in lieu of this Note. Any Note made and delivered in accordance with the provisions of this paragraph (b) shall be dated as of the date to which interest has been paid on this Note.

Exchange or Replacement of Notes. (a) The holder Holder of any Note or NotesNote, at its option, such Holder s option may in person or by duly authorized attorney surrender one or more thereof such Note for exchange, at the principal executive offices office or agency of the MakerCompany maintained pursuant to Section 6(a) of this Note, and at the expense of the Maker receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid outstanding principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid most recent Interest Payment Date on the Note or Notes so surrendered and to be in such outstanding principal amount and payable to such person or persons, or order, as such holder Holder may designate in writing; provided, however, that the Maker Company shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the a name other than that of the holder Holder of the Note or Notes surrendered in exchange therefor; provided, further, however, that the Company shall not be required to so register the transfer unless the conditions for transfer in the Purchase Agreement have been satisfied. Five days' The Holder shall give to the Company 10 days prior written notice of the holder's such Holder s intention to make such exchange shall be given to the Makerexchange. (bx) Upon receipt by the Maker)Company of evidence satisfactory to it of the loss, theft or destruction, mutilation of any Note and (in case of loss, theft or destruction) of indemnity satisfactory to it, and upon surrender and cancellation of this such Note, if mutilated, the Maker, upon reimbursement to it of all reasonable expenses incidental thereto, Company will make execute and deliver a new Note, of like tenor in lieu of this Notesuch Note a new Note of like tenor. Any such new Note made shall be dated as of the most recent Interest Payment Date on the Note in lieu of which such new Note is executed and delivered. The term outstanding when used in this Note with reference to the Notes as of any particular time shall not include (i) any Note in lieu of which a new Note has been executed and delivered by the Company in accordance with the provisions of this paragraph Section and (bii) shall be dated as any Note held or beneficially owned by the Company or any of the date to which interest has been paid on this Noteits affiliates.

Exchange or Replacement of Notes. (a) The holder of any Note or Notes, at its option, may in person or by duly authorized attorney surrender one or more thereof for exchange, at the principal executive offices of the Maker, and at the expense of the Maker receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid on the Note or Notes so surrendered and to be in such principal amount and payable to such person or persons, or order, as such holder may designate in writing; provided, however, that the Maker shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the name other than that of the holder of the Note or Notes surrendered in exchange therefor. Five days' prior written notice of the holder's intention to make such exchange shall be given to the Maker. (b) Upon receipt by the Maker of evidence satisfactory to it of the loss, theft, destruction or mutilation of this Note, and (in case of loss, theft or destruction) of indemnity reasonably satisfactory to it (it being understood that in the case of Abbingdon-III an unsecured written indemnification agreement shall be satisfactory to the Maker), and upon surrender and cancellation of this Note, if mutilated, the Maker, upon reimbursement to it of all reasonable expenses incidental thereto, will make and deliver a new Note, of like tenor in lieu of this Note. Any Note made and delivered in accordance with the provisions of this paragraph (b) shall be dated as of the date to which interest has been paid on this Note.and

Exchange or Replacement of Notes. (a) The holder of any Note or Notes, at its option, may in person or by duly authorized attorney surrender one or more thereof for exchange, at the principal executive offices of the Maker, and at the expense of the Maker receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid on the Note or Notes so surrendered and to be in such principal amount and payable to such person or persons, or order, as such holder may designate in writing; provided, however, that the Maker shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the name other than that of the holder of the Note or Notes surrendered in exchange therefor. Five days' prior written notice of the holder's intention to make such exchange shall be given to the Maker. (b) Upon receipt by the Maker)Maker of evidence satisfactory to it of the loss, and upon surrender and cancellation theft, destruction or mutilation of this Note, if mutilatedand (in case of loss, the Maker, upon reimbursement theft or destruction) of indemnity reasonably satisfactory to it (it being understood that in the case of all reasonable expenses incidental thereto, will make and deliver a new Note, of like tenor in lieu of this Note. Any Note made and delivered in accordance with the provisions of this paragraph (b) Abbingdon-II an unsecured written indemnification agreement shall be dated as of the date to which interest has been paid on this Note.be

Exchange or Replacement of Notes. (a) The holder of any Note or Notes, at its option, may in person or by duly authorized attorney surrender one or more thereof for exchange, at the principal executive offices of the MakerCorporation, and at the expense of the Maker Corporation receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid on the Note or Notes so surrendered and to be in such principal amount and payable to such person or persons, or order, as such holder may designate in writing; provided, however, that the Maker Corporation shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the name other than that of the holder of the Note or Notes surrendered in exchange therefor. Five days' prior written notice of the holder's intention to make such exchange shall be given to the MakerCorporation. (b) Upon receipt by the MakerCorporation of evidence satisfactory to it of the loss, theft, destruction or mutilation of this Note, and (in case of loss, theft or destruction) of indemnity reasonably satisfactory to it (it being understood that in the case of Abbingdon-III an unsecured written indemnification agreement shall be 16 16 satisfactory to the Corporation), and upon surrender and cancellation of this Note, if mutilated, the MakerCorporation, upon reimbursement to it of all reasonable expenses incidental thereto, will make and deliver a new Note, of like tenor in lieu of this Note. Any Note made and delivered in accordance with the provisions of this paragraph (b) shall be dated as of the date to which interest has been paid on this Note.

Exchange or Replacement of Notes. (a) The holder of any Note or Notes, at its option, may in person or by duly authorized attorney surrender one or more thereof for exchange, at the principal executive offices of the MakerCorporation, and at the expense of the Maker Corporation receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid on the Note or Notes so surrendered and to be in such principal amount and payable to such person or persons, or order, as such holder may designate in writing; provided, however, that the Maker Corporation shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the name other than that of the holder of the Note or Notes surrendered in exchange therefor. Five days' prior written notice of the holder's intention to make such exchange shall be given to the MakerCorporation. (b) Upon receipt by the MakerCorporation of evidence satisfactory to it of the loss, theft, destruction or mutilation of this Note, and (in case of loss, theft or destruction) of indemnity reasonably satisfactory to it (it being understood that in the case of Abbingdon-I an unsecured written indemnification agreement shall be 16 16 satisfactory to the Corporation), and upon surrender and cancellation of this Note, if mutilated, the MakerCorporation, upon reimbursement to it of all reasonable expenses incidental thereto, will make and deliver a new Note, of like tenor in lieu of this Note. Any Note made and delivered in accordance with the provisions of this paragraph (b) shall be dated as of the date to which interest has been paid on this Note.

Exchange or Replacement of Notes. (a) The holder of any Note or Notes, at its option, may in person or by duly authorized attorney surrender one or more thereof for exchange, at the principal executive offices of the MakerCorporation, and at the expense of the Maker Corporation receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid on the Note or Notes so surrendered and to be in such principal amount and payable to such person or persons, or order, as such holder may designate in writing; provided, however, that the Maker Corporation shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the name other than that of the holder of the Note or Notes surrendered in exchange therefor. Five days' prior written notice of the holder's intention to make such exchange shall be given to the MakerCorporation. (b) Upon receipt by the MakerCorporation of evidence satisfactory to it of the loss, theft, destruction or mutilation of this Note, and (in case of loss, theft or destruction) of indemnity reasonably satisfactory to it (it being understood that in the case of Abbingdon-II an unsecured written indemnification agreement shall be 16 16 satisfactory to the Corporation), and upon surrender and cancellation of this Note, if mutilated, the MakerCorporation, upon reimbursement to it of all reasonable expenses incidental thereto, will make and deliver a new Note, of like tenor in lieu of this Note. Any Note made and delivered in accordance with the provisions of this paragraph (b) shall be dated as of the date to which interest has been paid on this Note.

Exchange or Replacement of Notes. (a) The holder of any Note or Notes, at its option, may in person or by duly authorized attorney surrender one or more thereof for exchange, at the principal executive offices of the Maker, and at the expense of the Maker receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid on the Note or Notes so surrendered and to be in such principal amount and payable to such person or persons, or order, as such holder may designate in writing; provided, however, that the Maker shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the name other than that of the holder of the Note or Notes surrendered in exchange therefor. Five days' prior written notice of the holder's intention to make such exchange shall be given to the Maker. (b) Upon receipt by the Maker of evidence satisfactory to it of the loss, theft, destruction or mutilation of this Note, and (in case of loss, theft or destruction) of indemnity reasonably satisfactory to it (it being understood that in the case of BDC-III an unsecured written indemnification agreement shall be satisfactory to 16 16 the Maker), and upon surrender and cancellation of this Note, if mutilated, the Maker, upon reimbursement to it of all reasonable expenses incidental thereto, will make and deliver a new Note, of like tenor in lieu of this Note. Any Note made and delivered in accordance with the provisions of this paragraph (b) shall be dated as of the date to which interest has been paid on this Note.

Exchange or Replacement of Notes. (a) The holder of any Note or Notes, at its option, may in person or by duly authorized attorney surrender one or more thereof for exchange, at the principal executive offices of the MakerCorporation, and at the expense of the Maker Corporation receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid on the Note or Notes so surrendered and to be in such principal amount and payable to such person or persons, or order, as such holder may designate in writing; provided, however, that the Maker Corporation shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the name other than that of the holder of the Note or Notes surrendered in exchange therefor. Five days' prior written notice of the holder's intention to make such exchange shall be given to the MakerCorporation. (b) Upon receipt by the MakerCorporation of evidence satisfactory to it of the loss, theft, destruction or mutilation of this Note, and (in case of loss, theft or destruction) of indemnity reasonably satisfactory to it (it being understood that in the case of BDC-III an unsecured written indemnification agreement shall be satisfactory to 16 16 the Corporation), and upon surrender and cancellation of this Note, if mutilated, the MakerCorporation, upon reimbursement to it of all reasonable expenses incidental thereto, will make and deliver a new Note, of like tenor in lieu of this Note. Any Note made and delivered in accordance with the provisions of this paragraph (b) shall be dated as of the date to which interest has been paid on this Note.

Exchange or Replacement of Notes. (a) The holder of any Note or Notes, at its option, may in person or by duly authorized attorney surrender one or more thereof for exchange, at the principal executive offices of the Maker, and at the expense of the Maker receive in exchange therefor a new Note or Notes in the same aggregate principal amount as the aggregate unpaid principal amount of the Note or Notes so surrendered and bearing interest at the same annual rate as the Note or Notes so surrendered, each such new Note to be dated as of the date to which interest has been paid on the Note or Notes so surrendered and to be in such principal amount and payable to such person or persons, or order, as such holder may designate in writing; provided, however, that the Maker shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any new Note in the name other than that of the holder of the Note or Notes surrendered in exchange therefor. Five days' prior written notice of the holder's intention to make such exchange shall be given to the Maker. (b) Upon receipt by the Maker of evidence satisfactory to it of the loss, theft, destruction or mutilation of this Note, and (in case of loss, theft or destruction) of indemnity reasonably satisfactory to it (it being understood that in the case of Abbingdon-I an unsecured written indemnification agreement shall be 15 15 satisfactory to the Maker), and upon surrender and cancellation of this Note, if mutilated, the Maker, upon reimbursement to it of all reasonable expenses incidental thereto, will make and deliver a new Note, of like tenor in lieu of this Note. Any Note made and delivered in accordance with the provisions of this paragraph (b) shall be dated as of the date to which interest has been paid on this Note.