ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below. 12.2 The Agent will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed. 12.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement. 12.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have: (a) paid the costs and expenses incurred in connection with the issue; (b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and (c) in the case of any mutilated or defaced Note, Receipt, Coupon or Xxxxx, surrendered it to the Agent. 12.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, a destruction certificate containing the information specified in subclause 11.3. 12.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued. 12.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it. 12.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable send notice of that fact to the relevant Issuer and the other Paying Agents. 12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 5 contracts
Samples: Agency Agreement, Agency Agreement, Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (1) The relevant Issuer Issuers will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Agent will, subject to and in accordance with the Conditions and the following provisions of this clauseClause 14, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. (4) The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(a) paid the such reasonable costs and expenses as may be incurred in connection with the issuetherewith;
(b) provided furnished it with such evidence (including evidence as to the serial number of such Note, Receipt, Coupon or Talon) and indemnity or other security (which may include a bank guarantee and/or security) or otherwise as the relevant Issuer and the Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it the same to the Agent.
12.5 (5) The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Clause 14 and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Issuer with a destruction certificate containing the information specified in subclause 11.3Subclause 13(4).
12.6 (6) The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Clause 14, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available all at all reasonable times to the relevant Issuer and any persons authorised by it the relevant Issuer for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (8) Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the Paying Agent Agents for payment, the Agent or, as the case may be, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer and the other Paying AgentsAgent.
12.9 The Paying Agents shall (9) Notwithstanding any of the foregoing in this Clause 14, no issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered replacement Notes, Receipts, Coupons and Talons shall be cancelled by made or delivered in the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered TalonUnited States.
Appears in 4 contracts
Samples: Agency Agreement (Toyota Motor Credit Corp), Agency Agreement (Toyota Motor Credit Corp), Agency Agreement (Toyota Motor Credit Corp)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 13.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 13.2 The Agent will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 13.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 13.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or Xxxxx, surrendered it to the Agent.
12.5 13.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, Issuer a destruction certificate containing the information specified in subclause 11.312.3.
12.6 13.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents Agents, if any, of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Agent shall also notify the other Paying Agents Agents, if any, of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 13.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 13.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents, if any.
12.9 13.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 3 contracts
Samples: Agency Agreement, Agency Agreement, Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (1) The relevant Issuer Issuers will cause a sufficient quantity of additional forms of (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 (2) The Agent and the Registrar will, subject to and in accordance with the Conditions and the following provisions of this clauseClause, cause to be authenticated and delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Bearer Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Bearer Note to be issued by it will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The (4) Neither the Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchangednor, as the case may be. The Agent , the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant therefor shall have:
(a) paid the costs such costs, expenses, taxes and expenses duties as may be incurred in connection with the issuetherewith;
(b) provided furnished it with such evidence evidence, security and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentAgent or, as the case may be, the Registrar. The Agent or, as the case may be, the Registrar shall obtain verification, in the case of any allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon, in respect of which the Series and serial number is known, that such Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged (as the case may be).
12.5 (5) The Agent shall or, as the case may be, the Registrar shall, unless otherwise instructed by the relevant Issuer or the Trustee, cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Clause 15 and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer or the Trustee in writing, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Issuer and the Trustee with a destruction certificate containing the information specified in subclause 11.314(3).
12.6 (6) The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Issuer, the Trustee and the other Paying Agents of the series, serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Clause 15, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent and the Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer Issuer, the Trustee and any persons authorised by it for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (8) Whenever any Bearer Note, Receipt, Coupon or Talon for which a replacement Bearer Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the other Paying Agent Agents for payment, the Agent or, as the case may be, the relevant other Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Issuer, the Trustee and the other Paying Agents.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 3 contracts
Samples: Agency Agreement, Agency Agreement, Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 15.1 The relevant Issuer and the Guarantor will cause a sufficient quantity of additional forms of of: (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Fiscal Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below; and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 15.2 The Fiscal Agent and the Registrar will, subject to and in accordance with the Conditions and this clauseClause 15, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 15.3 In the case of a mutilated or defaced Bearer Note, the Fiscal Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer and the Guarantor may reasonably require) any replacement Bearer Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 15.4 The Fiscal Agent or the Registrar, as the case may be, shall obtain reasonable verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Neither the Fiscal Agent nor, as the case may be, the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent the Guarantor may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentFiscal Agent or, as the case may be, the Registrar.
12.5 15.5 The Fiscal Agent or, as the case may be, the Registrar shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause Clause 15 and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer and the Guarantor in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and and, upon request, give to the relevant Issuer, upon written request, Issuer a destruction certificate containing the information specified in subclause 11.3.
12.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and Clause 14.3 (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 3 contracts
Samples: Fiscal Agency Agreement, Fiscal Agency Agreement, Fiscal Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 13.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 13.2 The Agent will, subject to and in accordance with the Conditions and the following provisions of this clauseClause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 13.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. 13.4 The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant therefor shall have:
(a) paid the such costs and expenses as may be incurred in connection with the issuetherewith;
(b) provided furnished it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Agent.
12.5 13.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Clause 13 and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Issuer with a destruction certificate containing the information specified in subclause 11.3Clause 12.3.
12.6 13.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Clause 13, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 13.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 13.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known and is presented to a the Agent or any of the other Paying Agent Agents for payment, the Agent or, as the case may be, the relevant other Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer and the other Paying Agents.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 2 contracts
Samples: Agency Agreement (Pepsico Inc), Agency Agreement (Pepsico Inc)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (1) The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Agent will, subject to and in accordance with the Conditions and the following provisions of this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 (4) The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant therefor shall have:
(a) paid the such costs and expenses as may be incurred in connection with the issuetherewith;
(b) provided furnished it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Agent.
12.5 (5) The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Issuer with a destruction certificate containing the information specified in subclause 11.3clause 12(3).
12.6 (6) The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this clause, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (8) Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer and the other Paying Agents.
12.9 (9) The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the such Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 2 contracts
Samples: Agency Agreement (International Lease Finance Corp), Agency Agreement (International Lease Finance Corp)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 The Agent will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Agent.
12.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall shall, at the request of the Issuer, furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and and, at the request of the Issuer, give to the relevant Issuer, upon written request, Issuer a destruction certificate containing the information specified in subclause 11.3.
12.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.Talon
12.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 2 contracts
Samples: Agency Agreement, Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (a) The relevant Issuer Bank will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the London Issuing Agent (in the case of Bearer Notes, Receipts, Coupons and Talons) and to the applicable Registrar (in the case of Registered Notes) at its their specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (b) The London Issuing Agent or the applicable Registrar will, subject to and in accordance with the Conditions terms of the Notes and the following provisions of this clauseSection 20, authenticate and cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer Bank may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (c) In the case of a mutilated or defaced Definitive Bearer Note, the London Issuing Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer Bank may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The (d) Neither the applicable Registrar nor the London Issuing Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(aA) paid the such costs and expenses as may be incurred in connection with the issuetherewith, including any tax or other governmental charge that may be imposed in relation thereto;
(bB) provided furnished it with such evidence (including evidence as to the serial number of such Note, Receipt, Coupon or Talon) and indemnity (which may include a bank guarantee) as the relevant Issuer Bank and Agent the applicable Registrar or the London Issuing Agent, as the case may reasonably be, may require; and
(cC) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it the same to the applicable Registrar or the London Issuing Agent, as the case may be.
12.5 (e) The Agent applicable Registrar or the London Issuing Agent, as the case may be, shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in with respect of to which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Section 20 and shall furnish the relevant Issuer Bank with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled so canceled and, unless otherwise instructed by the relevant Issuer Bank in writing, shall destroy the cancelled (in accordance with its customary procedures) such canceled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Bank with a destruction certificate containing the information specified in subclause 11.3Section 19(d) hereof.
12.6 (f) The Agent shallapplicable Registrar or the London Issuing Agent, as the case may be, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable shall forthwith inform the relevant Issuer Bank and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Section 20(f), the London Issuing Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (g) The Agent applicable Registrar or the London Issuing Agent, as the case may be, shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer Bank and any persons authorised authorized by it the Bank for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (h) Whenever any Definitive Bearer Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in with respect of to which the serial number is known is presented to a any of the Paying Agent Agents for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Bank, the European Registrar, the London Issuing Agent and the other Paying Agents.
12.9 The Paying Agents paying agents, if any, and shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled not make payment in respect thereto, until instructed by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered TalonBank.
Appears in 2 contracts
Samples: Global Agency Agreement (Bank of America Corp /De/), Global Agency Agreement (Bank of America Corp /De/)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (a) The relevant Issuer Bank will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the London Issuing Agent (in the case of Temporary Bearer Global Notes, Permanent Bearer Global Notes, Receipts, Coupons and Talons) and to the applicable Registrar (in the case of Registered Global Notes) at its their specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (b) The London Issuing Agent or the applicable Registrar will, subject to and in accordance with the Conditions terms of the Notes and the following provisions of this clauseSection 20, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer Bank may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (c) In the case of a mutilated or defaced Note, the London Issuing Agent or the applicable Registrar shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer Bank may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The (d) Neither the London Issuing Agent nor the applicable Registrar shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(ai) paid the such costs and expenses as may be incurred in connection with the issuetherewith;
(bii) provided furnished it with such evidence (including evidence as to the serial number of such Note, Receipt, Coupon or Talon) and indemnity (which may include a bank guarantee) as the relevant Issuer Bank and Agent the applicable Registrar or the London Issuing Agent, as the case may reasonably be, may require; and
(ciii) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it the same to the applicable Registrar or the London Issuing Agent, as the case may be.
12.5 (e) The Agent applicable Registrar or the London Issuing Agent, as the case may be, shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in with respect of to which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Section 20 and shall furnish the relevant Issuer Bank with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled so canceled and, unless otherwise instructed by the relevant Issuer Bank in writing, shall destroy the cancelled (in accordance with its customary procedures) such canceled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Bank with a destruction certificate containing the information specified in subclause 11.3Section 19(c).
12.6 (f) The Agent applicable Registrar or the London Issuing Agent, as the case may be, shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Bank and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Section 20, the London Issuing Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (g) The Agent applicable Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer Bank and any persons authorised authorized by it the Bank for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (h) Whenever any Definitive Bearer Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in with respect of to which the serial number is known is presented to a any of the Paying Agent Agents for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Bank and the other Paying Agentsapplicable Registrar.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 2 contracts
Samples: Global Agency Agreement (Suntrust Banks Inc), Global Agency Agreement (Suntrust Banks Inc)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (1) The relevant Issuer Issuers will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, request to the Agent in Luxembourg (in such capacity, the “Replacement Agent”) at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Replacement Agent will, subject to to, and in accordance with with, the Terms and Conditions and the following provisions of this clauseClause 13, authenticate and cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Replacement Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 (4) The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Replacement Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(a) paid the such reasonable costs and expenses as may be incurred in connection with the issuetherewith, including any tax or other governmental charge that may be imposed in relation thereto;
(b) provided furnished it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Replacement Agent.
12.5 (5) The Replacement Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Clause 13 and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled so canceled and, unless otherwise instructed by the relevant such Issuer in writing, shall destroy the cancelled such canceled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, furnish such Issuer with a destruction certificate containing stating the information specified serial number of the Notes (in subclause 11.3the case of Definitive Notes) and the number by maturity date of Receipts, Coupons and Talons so destroyed.
12.6 (6) The Agent shallReplacement Agent, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith shall inform the relevant Issuer Issuer, the Agent and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Clause 13, the Replacement Agent also shall also notify the Agent and the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer and any persons authorised authorized by it for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (8) Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the Paying Agent Agents for payment, the Agent or, as the case may be, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer and the other Paying AgentsAgents and shall not make payment in respect thereto, until instructed by such Issuer.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 2 contracts
Samples: Agency Agreement (Bank of America Corp /De/), Agency Agreement (Bank of America Corp /De/)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 The relevant (1) Each Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Replacement Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Replacement Agent will, subject to and in accordance with the Conditions and the following provisions of this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant any Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Replacement Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 (4) The Replacement Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Replacement Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant therefor shall have:
(a) paid the such reasonable costs and expenses as may be incurred in connection with the issuetherewith;
(b) provided furnished it with such evidence (including evidence as to the serial number of such Note, Receipt, Coupon or Talon) and indemnity (which may include a bank guarantee) as the relevant Issuer Issuer, the Guarantor and the Agent may reasonably require; and;
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Replacement Agent.
12.5 (5) The Replacement Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause and shall furnish the relevant Issuer and the Guarantor with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Issuer and the Guarantor with a destruction certificate containing the information specified in subclause 11.3sub-clause 12(3).
12.6 (6) The Replacement Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Issuer, the Guarantor, the Agent and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this clause, the Replacement Agent shall also notify the Agent and any other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer Issuers, the Guarantor and any persons authorised by it either of them for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (8) Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the other Paying Agent Agents for payment, the Agent or, as the case may be, the relevant other Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Issuer, the Guarantor and the other Paying Agents.
12.9 (9) The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 2 contracts
Samples: Agency Agreement (Ciba Specialty Chemicals Holding Inc /Fi/), Agency Agreement (Ciba Specialty Chemicals Holding Inc /Fi/)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (1) The relevant Issuer Issuers will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, request to the Agent in Luxembourg (in such capacity, the "Replacement Agent") at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Replacement Agent will, subject to and in accordance with the Terms and Conditions and the following provisions of this clauseClause 13, authenticate and cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Replacement Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 (4) The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Replacement Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(a) paid the such reasonable costs and expenses as may be incurred in connection with the issuetherewith, including any tax or other governmental charge that may be imposed in relation thereto;
(b) provided furnished it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Replacement Agent.
12.5 (5) The Replacement Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Clause 13 and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled so canceled and, unless otherwise instructed by the relevant such Issuer in writing, shall destroy the cancelled such canceled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, furnish such Issuer with a destruction certificate containing stating the information specified serial number of the Notes (in subclause 11.3the case of Definitive Notes) and the number by maturity date of Receipts, Coupons and Talons so destroyed.
12.6 (6) The Replacement Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Issuer, the Agent and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Clause 13, the Replacement Agent shall also notify the Agent and the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer and any persons authorised authorized by it for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (8) Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the Paying Agent Agents for payment, the Agent or, as the case may be, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer and the other Paying AgentsAgents and shall not make payment in respect thereto, until instructed by such Issuer.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 2 contracts
Samples: Agency Agreement (Bank of America Corp /De/), Agency Agreement (Bankamerica Corp/De/)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 The Agent will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or Xxxxx, surrendered it to the Agent.
12.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, Issuer a destruction certificate containing the information specified in subclause 11.3.
12.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 2 contracts
Samples: Agency Agreement, Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 The relevant 13.1 Each Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Replacement Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 13.2 The Replacement Agent will, subject to and in accordance with the Conditions and the following provisions of this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant any Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 13.3 In the case of a mutilated or defaced Note, the Replacement Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 13.4 The Replacement Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Replacement Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant therefor shall have:
(a) paid the such reasonable costs and expenses as may be incurred in connection with the issuetherewith;
(b) provided furnished it with such evidence (including evidence as to the serial number of such Note, Receipt, Coupon or Talon) and indemnity (which may include a bank guarantee) as the relevant Issuer Issuer, the Guarantor and the Agent may reasonably require; and;
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Replacement Agent.
12.5 13.5 The Replacement Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause and shall furnish the relevant Issuer and the Guarantor with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Issuer and the Guarantor with a destruction certificate containing the information specified in subclause 11.312.3.
12.6 13.6 The Replacement Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Issuer, the Guarantor, the Agent and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this clause, the Replacement Agent shall also notify the Agent and any other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 13.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer Issuers, the Guarantor and any persons authorised by it either of them for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 13.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the other Paying Agent Agents for payment, the Agent or, as the case may be, the relevant other Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Issuer, the Guarantor and the other Paying Agents.
12.9 13.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 2 contracts
Samples: Agency Agreement (Ciba Specialty Chemicals Holding Inc /Fi/), Agency Agreement (Ciba Specialty Chemicals Holding Inc /Fi/)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 15.1 The relevant Issuer will cause a sufficient quantity of additional forms of (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Principal Paying Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 15.2 The Principal Paying Agent and the Registrar will, subject to and in accordance with the relevant Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 15.3 In the case of a mutilated or defaced Bearer Note, the Principal Paying Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Bearer Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 15.4 The Principal Paying Agent or the Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Principal Paying Agent nor, as the case may be, the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentPrincipal Paying Agent or, as the case may be, the Registrar.
12.5 15.5 The Principal Paying Agent or, as the case may be, the Registrar shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, Issuer and the Trustee a destruction certificate containing the information specified in subclause 11.314.3.
12.6 15.6 The Principal Paying Agent or, as the case may be, the Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Principal Paying Agent shall also notify the other Paying Agents of the maturity dates (if applicable) of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 15.7 The Principal Paying Agent and the Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and the Trustee and any persons authorised by it either of them for inspection and for the taking of copies of it or extracts from it.
12.8 15.8 Whenever any Bearer Note, Receipt, Coupon or Talon for which a replacement Bearer Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 15.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Principal Paying Agent) shall inform the Principal Paying Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 2 contracts
Samples: Agency Agreement, Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (1) The relevant Issuer Issuers will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Agent will, subject to and in accordance with the Conditions and the following provisions of this clauseClause 14, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. (4) The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(a) paid the such reasonable costs and expenses as may be incurred in connection with the issuetherewith;
(b) provided furnished it with such evidence (including evidence as to the serial number of such Note, Receipt, Coupon or Talon) and indemnity or other security (which may include a bank guarantee and/or security) or otherwise as the relevant Issuer and the Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it the same to the Agent.
12.5 (5) The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Clause 14 and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Issuer with a destruction certificate containing the information specified in subclause 11.3Subclause 13(4).
12.6 (6) The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Clause 14, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer and any persons authorised by it the relevant Issuer for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (8) Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the Paying Agent Agents for payment, the Agent or, as the case may be, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer and the other Paying AgentsAgent.
12.9 The Paying Agents shall (9) Notwithstanding any of the foregoing in this Clause 14, no issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered replacement Notes, Receipts, Coupons and Talons shall be cancelled by made or delivered in the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered TalonUnited States.
Appears in 2 contracts
Samples: Agency Agreement (Toyota Motor Credit Corp), Agency Agreement (Toyota Motor Credit Corp)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 13.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 13.2 The Agent will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 13.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 13.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Agent.
12.5 13.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, Issuer a destruction certificate containing the information specified in subclause 11.312.3.
12.6 13.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 13.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 13.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 13.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 2 contracts
Samples: Agency Agreement, Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (1) The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Agent will, subject to and in accordance with the Conditions and the following provisions of this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 (4) The Agent shall obtain verification verification, in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant therefor shall have:
(a) paid the such costs and expenses as may be incurred in connection with the issuetherewith;
(b) provided furnished it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Agent.
12.5 (5) The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Issuer with a destruction certificate containing the information specified in subclause 11.3clause 12(3).
12.6 (6) The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this clause, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (8) Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer and the other Paying Agents.
12.9 (9) The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the such Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement (International Lease Finance Corp)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (1) The relevant Issuer Company will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Agent will, subject to and in accordance with the Conditions and the following provisions of this clauseClause 14, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer Company may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer Company may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. (4) The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(a) paid the such costs and expenses as may be incurred in connection with the issuetherewith;
(b) provided furnished it with such evidence (including evidence as to the serial number of such Note, Receipt, Coupon or Talon) and indemnity or other security (which may include a bank guarantee and/or security) or otherwise as the relevant Issuer Company and the Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it the same to the Agent.
12.5 (5) The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Clause 14 and shall furnish the relevant Issuer Company with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer Company in writing, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Company with a destruction certificate containing the information specified in subclause 11.3Subclause 13(3).
12.6 (6) The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Company and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Clause 14, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available all at all reasonable times to the relevant Issuer Company and any persons authorised authorized by it the Company for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (8) Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the Paying Agent Agents for payment, the Agent or, as the case may be, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Company and the other Paying AgentsAgent.
12.9 The Paying Agents shall (9) Notwithstanding any of the foregoing in this Clause 14, no issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered replacement Notes, Receipts, Coupons and Talons shall be cancelled by made or delivered in the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered TalonUnited States.
Appears in 1 contract
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1
(a) The relevant Issuer will cause a sufficient quantity of additional forms of of: (i) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Fiscal Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below and (ii) Registered Notes to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 (b) The Fiscal Agent willand (with respect to Registered Notes) the Registrar shall, subject to and in accordance with the Conditions and the following provisions of this clauseClause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which that the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which that have been lost, stolen, mutilated, defaced or destroyed.
12.3 (c) In the case of a mutilated or defaced Bearer Note, the Fiscal Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Bearer Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which that is presented for replacement.
12.4 (d) The Fiscal Agent or the Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Neither the Fiscal Agent nor (with respect to Registered Notes) the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall haveapplicant has:
(ai) paid the such expenses and costs and expenses as may be incurred in connection with the issuereplacement;
(bii) provided furnished it with such evidence and evidence, indemnity or security as the relevant Issuer and and/or, as the case may be, the Fiscal Agent or the Registrar may reasonably require; and
(ciii) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentFiscal Agent or (with respect to Registered Notes) the Registrar.
12.5 (e) The Fiscal Agent or (with respect to Registered Notes) the Registrar shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause and Clause. The Fiscal Agent or (with respect to Registered Notes) the Registrar shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled in accordance with this subclause 16(e) and, unless otherwise instructed requested by the relevant Issuer in writingIssuer, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Issuer with a destruction certificate containing the information specified in subclause 11.3Clause 15.3.
12.6 (f) The Fiscal Agent or (with respect to Registered Notes) the Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Fiscal Agent or (with respect to Registered Notes) the Registrar shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (g) The Fiscal Agent and (with respect to Registered Notes) the Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 (h) Whenever any Bearer Note, Receipt, Coupon or Talon for which a replacement Bearer Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known by a Paying Agent is presented to a such Paying Agent for payment, the relevant such Paying Agent shall as soon promptly as reasonably practicable send notice of that fact to the relevant Issuer and the other Paying AgentsAgents and shall not be obliged to make any payment in respect of such Bearer Note, Receipt, Coupon or Talon.
12.9 (i) The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Fiscal Agent) shall inform the Fiscal Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (1) The relevant Issuer Issuers will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, request to the Agent in Luxembourg (in such capacity, the "Replacement Agent") at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Replacement Agent will, subject to to, and in accordance with with, the Terms and Conditions and the following provisions of this clauseClause 13, authenticate and cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Replacement Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 (4) The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Replacement Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(a) paid the such reasonable costs and expenses as may be incurred in connection with the issuetherewith, including any tax or other governmental charge that may be imposed in relation thereto;
(b) provided furnished it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Replacement Agent.
12.5 (5) The Replacement Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Clause 13 and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled so canceled and, unless otherwise instructed by the relevant such Issuer in writing, shall destroy the cancelled such canceled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, furnish such Issuer with a destruction certificate containing stating the information specified serial number of the Notes (in subclause 11.3the case of Definitive Notes) and the number by maturity date of Receipts, Coupons and Talons so destroyed.
12.6 (6) The Replacement Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Issuer, the Agent and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Clause 13, the Replacement Agent shall also notify the Agent and the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer and any persons authorised authorized by it for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (8) Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the Paying Agent Agents for payment, the Agent or, as the case may be, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer and the other Paying AgentsAgents and shall not make payment in respect thereto, until instructed by such Issuer.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 13.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 13.2 The Agent will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 13.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer or the Guarantor, if applicable, may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 13.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent or the Guarantor may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or Xxxxx, surrendered it to the Agent.
12.5 13.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and unless otherwise instructed by the relevant Issuer or the Guarantor in writing shall destroy the cancelled Notes, Receipts, Coupons and Talons and upon written request from the relevant Issuer or the Guarantor shall furnish the relevant Issuer and the Guarantor with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, a destruction certificate containing the information specified in subclause 11.3destroyed.
12.6 13.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer Issuer, the Guarantor and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 13.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and the Guarantor and any persons authorised by it either of them for inspection and for the taking of copies of it or extracts from it.
12.8 13.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer Issuer, the Guarantor and the other Paying Agents.
12.9 13.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 16.1 The relevant Issuer will cause a sufficient quantity of additional forms of (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Issuing and Principal Paying Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 16.2 The Issuing and Principal Paying Agent and the Registrar will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 16.3 In the case of a mutilated or defaced Bearer Note, the Issuing and Principal Paying Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Bearer Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 16.4 The Issuing and Principal Paying Agent or the Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent Neither the Issuing and Principal Paying Agent, nor, as the case may be, the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Issuing and Principal Paying Agent.
12.5 16.5 The Issuing and Principal Paying Agent or, as the case may be, the Registrar shall upon written request cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, Issuer upon written request, request a destruction certificate containing the information specified in subclause 11.315.3.
12.6 16.6 The Issuing and Principal Paying Agent or, as the case may be, the Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Issuing and Principal Paying Agent or, as the case may be, the Registrar shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement (Wachovia Corp New)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1
16.1 The relevant Issuer will cause a sufficient quantity of additional forms of of: (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Principal Paying Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below; and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 16.2 The Principal Paying Agent and the Registrar will, subject to and in accordance with the Conditions and this clauseClause 16, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 16.3 In the case of a mutilated or defaced Bearer Note, the Principal Paying Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 16.4 The Principal Paying Agent or the Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Neither the Principal Paying Agent nor the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentPrincipal Paying Agent or the Registrar, as the case may be.
12.5 16.5 The Principal Paying Agent or the Registrar, as the case may be, shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause Clause 16 and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, Issuer a destruction certificate containing the information specified in subclause 11.3Clause 15.3.
12.6 The 16.6 Each of the Principal Paying Agent and the Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Principal Paying Agent or the Registrar, as the case may be, shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 The 16.7 Each of the Principal Paying Agent and the Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.it.
12.8 16.8 Whenever any Bearer Note, Receipt, Coupon or Talon for which a replacement Bearer Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 16.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Principal Paying Agent) shall inform the Principal Paying Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (1) The relevant Issuer Issuers will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, request to the Agent in Luxembourg (in such capacity, the “Replacement Agent”) at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Replacement Agent will, subject to to, and in accordance with with, the Terms and Conditions and the following provisions of this clauseClause 13, authenticate and cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Replacement Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 (4) The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Replacement Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(a) paid the such reasonable costs and expenses as may be incurred in connection with the issuetherewith, including any tax or other governmental charge that may be imposed in relation thereto;
(b) provided furnished it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Replacement Agent.
12.5 (5) The Replacement Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Clause 13 and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled so canceled and, unless otherwise instructed by the relevant such Issuer in writing, shall destroy the cancelled such canceled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, furnish such Issuer with a destruction certificate containing stating the information specified in subclause 11.3.
12.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.serial
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 13.1 The relevant Issuer will shall, if Definitive Notes are issued, cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 13.2 The Agent will, subject to and in accordance with the Conditions and the following provisions of this clauseclause 13, cause to be authenticated (in the case only of replacement Notes) and delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 13.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 13.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(a) paid the such costs and expenses as may be incurred in connection with the issuetherewith;
(b) provided furnished it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Agent.
12.5 13.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause and upon request shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer or the Trustee in writing, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Issuer with a destruction certificate containing the information specified in subclause 11.3clause 12.3.
12.6 13.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Issuer, the Guarantors, the Trustee and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this clause, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 13.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer Issuer, the Guarantors, the Trustee and any persons authorised by it for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 13.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the other Paying Agent Agents for payment, the Agent or, as the case may be, the relevant other Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Issuer, the Guarantors, the Trustee and the other Paying Agents.
12.9 13.9 The Paying Agents Agent shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement (Westfield America Management LTD)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (a) The relevant Issuer Bank will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the London Issuing Agent (in the case of Temporary Global Notes, Permanent Global Notes, Receipts, Coupons and Talons) and to the Registrar (in the case of Registered Global Notes) at its their specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (b) The London Issuing Agent or the Registrar will, subject to and in accordance with the Conditions terms of the Notes and the following provisions of this clauseSection 20, cause to be delivered any replacement Notes, Notes Receipts, Coupons and Talons which the relevant Issuer Bank may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (c) In the case of a mutilated or defaced Note, the London Issuing Agent or the Registrar shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer Bank may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The (d) Neither the London Issuing Agent nor the Registrar shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(ai) paid the such costs and expenses as may be incurred in connection with the issuetherewith;
(bii) provided furnished it with such evidence (including evidence as to the serial number of such Note, Receipt, Coupon or Talon) and indemnity (which may include a bank guarantee) as the relevant Issuer Bank and Agent the Registrar or the London Issuing Agent, as the case may reasonably be, may require; and
(ciii) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it the same to the Registrar or the London Issuing Agent, as the case may be.
12.5 (e) The Agent Registrar or the London Issuing Agent, as the case may be, shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in with respect of to which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Section 20 and shall shall, if requested, furnish the relevant Issuer Bank with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer Bank in writing, shall destroy the (in accordance with its customary procedures) such cancelled Notes, Receipts, Coupons and Talons and give to and, if requested, furnish the relevant Issuer, upon written request, Bank with a destruction certificate containing the information specified in subclause 11.3Section 19(c).
12.6 (f) The Agent Registrar or the London Issuing Agent, as the case may be, shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable within three Business Days inform the relevant Issuer Bank, the Global Agent and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Section 20, the Agent Registrar or the London Issuing Agent, as the case may be, shall also notify the other Global Agent and the Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (g) The Global Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer Bank and any persons authorised authorized by it the Bank for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (h) Whenever any Definitive Bearer Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in with respect of to which the serial number is known is presented to a the Global Agent or any of the Paying Agent Agents for payment, the Global Agent or, as the case may be, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Bank and the other Paying AgentsGlobal Agent.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 The Agent will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Agent.
12.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, a destruction certificate containing the information specified in subclause 11.3.
12.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 17.1 The relevant Issuer will cause a sufficient quantity of additional forms of (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Principal Paying Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 17.2 The Principal Paying Agent and the Registrar will, subject to and in accordance with the Terms and Conditions and the following provisions of this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 17.3 In the case of a mutilated or defaced Bearer Note, the Principal Paying Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Bearer Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 17.4 The Principal Paying Agent or the Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Neither the Principal Paying Agent nor, as the case may be, the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant therefor shall have:
(a) paid the such costs and expenses as may be incurred in connection with the issuetherewith;
(b) provided furnished it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentPrincipal Paying Agent or, as the case may be, the Registrar.
12.5 17.5 The Principal Paying Agent or, as the case may be, the Registrar shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause and shall furnish the relevant Issuer and the Trustee with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Issuer with a destruction certificate containing the information specified in subclause 11.3clause 16.3.
12.6 17.6 The Principal Paying Agent or, as the case may be, the Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Issuer, the Trustee and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this clause, the Principal Paying Agent or, as the case may be, the Registrar shall also notify the Trustee and the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 17.7 The Principal Paying Agent and the Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer, the Trustee and, where the Issuer is PTIF, PT and PTC and any persons authorised by it any of them for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 17.8 Whenever any Bearer Note, Receipt, Coupon or Talon for which a replacement Bearer Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Issuer, the Trustee and the other Paying Agents.
12.9 17.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the such Paying Agent is the Principal Paying Agent) shall inform the Principal Paying Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 13.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 13.2 The Agent will, subject to and in accordance with the Conditions and the following provisions of this clauseclause 13, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 13.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. 13.4 The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(a) paid have made payment of the costs and expenses incurred by the Issuer in connection with therewith (including publication) and on such terms as to evidence, security, indemnity or otherwise in favour of the issue;
(b) provided it with such evidence and indemnity Issuer in respect thereof as the relevant Issuer and Agent may reasonably require; and
(c) in require and shall have surrendered to the case of Agent any mutilated or defaced Note, Receipt, Coupon or Xxxxx, surrendered it Talon to the Agentbe so replaced.
12.5 13.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause 13 and shall furnish the relevant Issuer and the Agent upon request with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer in writingthereafter, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Issuer with a destruction certificate containing the information specified in subclause 11.312.3.
12.6 13.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable inform the relevant Issuer and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this clause 13, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 13.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from itIssuer.
12.8 13.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the Paying Agent Agents for payment, the Agent or, as the case may be, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer and the other Paying Agents.
12.9 13.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the such Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement (Royal Ahold)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1
13.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 13.2 The Agent will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.destroyed.
12.3 13.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 13.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Agent.
12.5 13.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, Issuer a destruction certificate containing the information specified in subclause 11.312.3.
12.6 13.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents Agents, if any, of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Agent shall also notify the other Paying Agents Agents, if any, of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 13.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 13.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents, if any.
12.9 13.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 13.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 13.2 The Agent will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 13.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer or the Guarantor, if applicable, may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 13.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent or the Guarantor may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Agent.
12.5 13.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and unless otherwise instructed by the relevant Issuer or the Guarantor in writing shall destroy the cancelled Notes, Receipts, Coupons and Talons and upon written request from the relevant Issuer or the Guarantor shall furnish the relevant Issuer and the Guarantor with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, a destruction certificate containing the information specified in subclause 11.3destroyed.
12.6 13.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer Issuer, the Guarantor and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 13.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and the Guarantor and any persons authorised by it either of them for inspection and for the taking of copies of it or extracts from it.
12.8 13.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer Issuer, the Guarantor and the other Paying Agents.
12.9 13.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 15.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes(a) Bearer Notes (in the case of Notes in definitive form), Receipts, Coupons and Talons to be available, upon request, to the Principal Paying Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 15.2 The Principal Paying Agent and the Registrar will, subject to and in accordance with the Conditions and the following provisions of this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 15.3 In the case of a mutilated or defaced Bearer Note, the Principal Paying Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Bearer Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 15.4 The Principal Paying Agent or the Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Neither the Principal Paying Agent nor, as the case may be, the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant therefor shall have:
(a) paid the such costs and expenses as may be incurred in connection with the issuetherewith;
(b) provided furnished it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentPrincipal Paying Agent or, as the case may be, the Registrar.
12.5 15.5 The Principal Paying Agent or, as the case may be, the Registrar shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Issuer with a destruction certificate containing the information specified in subclause 11.314.3.
12.6 15.6 The Principal Paying Agent or, as the case may be, the Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Issuer, the Trustee and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this clause, the Principal Paying Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 15.7 The Principal Paying Agent and the Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer, the Guarantor (where the relevant Issuer is UUWF), the Trustee and any persons authorised by it any of them for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 15.8 Whenever any Bearer Note, Receipt, Coupon or Talon for which a replacement Bearer Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Issuer, the Trustee and the other Paying Agents.
12.9 15.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the such Paying Agent is the Principal Paying Agent) shall inform the Principal Paying Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 15.1 The relevant Issuer will cause a sufficient quantity of additional forms of (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Principal Paying Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 15.2 The Principal Paying Agent and the Registrar will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 15.3 In the case of a mutilated or defaced Bearer Note, the Principal Paying Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Bearer Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 15.4 The Principal Paying Agent or the Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Neither the Principal Paying Agent nor, as the case may be, the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Issuer, the Principal Paying Agent and/or the Registrar (as applicable) may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentPrincipal Paying Agent or, as the case may be, the Registrar.
12.5 15.5 The Principal Paying Agent or, as the case may be, the Registrar shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and (upon request) give to the relevant Issuer, upon written request, Issuer and the Trustee a destruction certificate containing the information specified in subclause 11.314.3.
12.6 15.6 The Principal Paying Agent or, as the case may be, the Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Principal Paying Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 15.7 The Principal Paying Agent and the Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and the Trustee and any persons authorised by it either of them for inspection and for the taking of copies of it or extracts from it.
12.8 15.8 Whenever any Bearer Note, Receipt, Coupon or Talon for which a replacement Bearer Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 15.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Principal Paying Agent) shall inform the Principal Paying Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 The relevant (1) Each Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Replacement Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Replacement Agent will, subject to and in accordance with the Conditions and the following provisions of this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant any Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Replacement Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 (4) The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Replacement Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant therefor shall have:
(a) paid the such reasonable costs and expenses as may be incurred in connection with the issuetherewith;
(b) provided furnished it with such evidence (including evidence as to the serial number of such Note, Receipt, Coupon or Talon) and indemnity (which may include a bank guarantee) as the relevant Issuer Issuer, the Guarantor and the Agent may reasonably require; and;
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Replacement Agent.
12.5 (5) The Replacement Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause and shall furnish the relevant Issuer and the Guarantor with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Issuer and the Guarantor with a destruction certificate containing the information specified in subclause 11.3sub-clause 12(3).
12.6 (6) The Replacement Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Issuer, the Guarantor, the Agent and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this clause, the Replacement Agent shall also notify the Agent and any other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer Issuers, the Guarantor and any persons authorised by it either of them for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (8) Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the other Paying Agent Agents for payment, the Agent or, as the case may be, the relevant other Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Issuer, the Guarantor and the other Paying Agents.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement (Ciba Specialty Chemicals Holding Inc /Fi/)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (a) The relevant Issuer Bank will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the London Issuing Agent (in the case of Temporary Global Notes, Permanent Global Notes, Receipts, Coupons and Talons) and to the Registrar (in the case of Registered Global Notes) at its their specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (b) The London Issuing Agent or the Registrar will, subject to and in accordance with the Conditions terms of the Notes and the following provisions of this clauseSection 20, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer Bank may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (c) In the case of a mutilated or defaced Note, the London Issuing Agent or the Registrar shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer Bank may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The (d) Neither the London Issuing Agent nor the Registrar shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(ai) paid the such costs and expenses as may be incurred in connection with the issuetherewith;
(bii) provided furnished it with such evidence (including evidence as to the serial number of such Note, Receipt, Coupon or Talon) and indemnity (which may include a bank guarantee) as the relevant Issuer Bank and Agent the Registrar or the London Issuing Agent, as the case may reasonably be, may require; and
(ciii) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it the same to the Registrar or the London Issuing Agent, as the case may be.
12.5 (e) The Agent Registrar or the London Issuing Agent, as the case may be, shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in with respect of to which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Section 20 and shall shall, if requested, furnish the relevant Issuer Bank with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer Bank in writing, shall destroy the (in accordance with its customary procedures) such cancelled Notes, Receipts, Coupons and Talons and give to and, if requested, furnish the relevant Issuer, upon written request, Bank with a destruction certificate containing the information specified in subclause 11.3Section 19(c).
12.6 (f) The Agent Registrar or the London Issuing Agent, as the case may be, shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable within three Business Days inform the relevant Issuer Bank, the Global Agent and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Section 20, the Agent Registrar or the London Issuing Agent, as the case may be, shall also notify the other Global Agent and the Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (g) The Global Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer Bank and any persons authorised authorized by it the Bank for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (h) Whenever any Definitive Bearer Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in with respect of to which the serial number is known is presented to a the Global Agent or any of the Paying Agent Agents for payment, the Global Agent or, as the case may be, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Bank and the other Paying AgentsGlobal Agent.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement (Mbna Corp)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (a) The relevant Issuer Bank will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the London Issuing Agent (in the case of Temporary Bearer Global Notes, Permanent Bearer Global Notes, Receipts, Coupons and Talons) and to the Registrar (in the case of Registered Global Notes) at its their specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (b) The London Issuing Agent or the Registrar will, subject to and in accordance with the Conditions terms of the Notes and the following provisions of this clauseSection 20, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer Bank may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (c) In the case of a mutilated or defaced Note, the London Issuing Agent or the Registrar shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer Bank may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The (d) Neither the London Issuing Agent nor the Registrar shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(ai) paid the such costs and expenses as may be incurred in connection with the issuetherewith;
(bii) provided furnished it with such evidence (including evidence as to the serial number of such Note, Receipt, Coupon or Talon) and indemnity (which may include a bank guarantee) as the relevant Issuer Bank and Agent the Registrar or the London Issuing Agent, as the case may reasonably be, may require; and
(ciii) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it the same to the Registrar or the London Issuing Agent, as the case may be.
12.5 (e) The Agent Registrar or the London Issuing Agent, as the case may be, shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in with respect of to which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Section 20 and shall furnish the relevant Issuer Bank with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled so canceled and, unless otherwise instructed by the relevant Issuer Bank in writing, shall destroy the cancelled (in accordance with its customary procedures) such canceled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Bank with a destruction certificate containing the information specified in subclause 11.3Section 19(c).
12.6 (f) The Agent Registrar or the London Issuing Agent, as the case may be, shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Bank and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Section 20, the London Issuing Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (g) The Agent Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer Bank and any persons authorised authorized by it the Bank for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (h) Whenever any Definitive Bearer Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in with respect of to which the serial number is known is presented to a any of the Paying Agent Agents for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Bank and the other Paying AgentsRegistrar.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 15.1 The relevant Issuer will cause a sufficient quantity of additional forms of (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Principal Paying Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 15.2 The Principal Paying Agent and the Registrar will, subject to and in accordance with the relevant Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 15.3 In the case of a mutilated or defaced Bearer Note, the Principal Paying Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Bearer Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 15.4 The Principal Paying Agent or the Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Principal Paying Agent nor, as the case may be, the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentPrincipal Paying Agent or, as the case may be, the Registrar.
12.5 15.5 The Principal Paying Agent or, as the case may be, the Registrar shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, Issuer and the Trustee a destruction certificate containing the information specified in subclause 11.314.3.
12.6 15.6 The Principal Paying Agent or, as the case may be, the Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Principal Paying Agent shall also notify the other Paying Agents of the maturity dates (if applicable) of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 15.7 The Principal Paying Agent and the Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and the Trustee and any persons authorised by it either of them for inspection and for the taking of copies of it or extracts from it.
12.8 15.8 Whenever any Bearer Note, Receipt, Coupon or Talon for which a replacement Bearer Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 15.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Principal Paying Agent) shall inform the Principal Paying Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (1) The relevant Issuer Corporation will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, request to the Agent in Luxembourg (in such capacity, the "Replacement Agent") at its is specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Replacement Agent will, subject to and in accordance with the Terms and Conditions and the following provisions of this clauseClause 13, authenticate and cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer Corporation may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Replacement Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer Corporation may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 (4) The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Replacement Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(a) paid the such reasonable costs and expenses as may be incurred in connection with the issuetherewith, including any tax or other governmental charge that may be imposed in relation thereto;
(b) provided furnished it with such evidence and indemnity as the relevant Issuer and Agent Corporation may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Replacement Agent.
12.5 (5) The Replacement Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Clause 13 and shall furnish the relevant Issuer Corporation with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled so canceled and, unless otherwise instructed by the relevant Issuer Corporation in writing, shall destroy the cancelled such canceled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Corporation with a destruction certificate containing stating the information specified serial number of the Notes (in subclause 11.3the case of Definitive Notes) and the number by maturity date of Receipts, Coupons and Talons so destroyed.
12.6 (6) The Replacement Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Corporation, the Agent and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Clause 13, the Replacement Agent shall also notify the Agent and the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer Corporation and any persons authorised authorized by it for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (8) Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the Paying Agent Agents for payment, the Agent or, as the case may be, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Corporation and the other Paying Agents.
12.9 The Paying Agents and shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled not make payment in respect thereto, until instructed by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered TalonCorporation.
Appears in 1 contract
Samples: Agency Agreement (Nationsbank Corp)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 The relevant 16.1 Each Issuer will cause a sufficient quantity of additional forms of (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Principal Paying Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 16.2 The Principal Paying Agent and the Registrar will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 16.3 In the case of a mutilated or defaced Bearer Note, the Principal Paying Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer or the Guarantor (where the relevant Issuer is ASB Finance) may reasonably require) any replacement Bearer Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 16.4 The Principal Paying Agent or the Registrar, as the case may be, shall obtain reasonable verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Neither the Principal Paying Agent nor, as the case may be, the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent or the Guarantor (where the relevant Issuer is ASB Finance) may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentPrincipal Paying Agent or, as the case may be, the Registrar.
12.5 16.5 The Principal Paying Agent or, as the case may be, the Registrar shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall shall, upon request, furnish the relevant Issuer and the Guarantor (where the relevant Issuer is ASB Finance) with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer or the Guarantor (where the relevant Issuer is ASB Finance) in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, Issuer and the Guarantor (where the relevant Issuer is ASB Finance) a destruction certificate containing the information specified in subclause 11.315.3.
12.6 16.6 The Principal Paying Agent or, as the case may be, the Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer, the Guarantor (where the relevant Issuer is ASB Finance) and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Principal Paying Agent or, as the case may be, the Registrar shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 17.1 The relevant Issuer will cause a sufficient quantity of additional forms of (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Principal Paying Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 17.2 The Principal Paying Agent and the Registrar will, subject to and in accordance with the Terms and Conditions and the following provisions of this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 17.3 In the case of a mutilated or defaced Bearer Note, the Principal Paying Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Bearer Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 17.4 The Principal Paying Agent or the Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Neither the Principal Paying Agent nor, as the case may be, the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant therefor shall have:
(a) paid the such costs and expenses as may be incurred in connection with the issuetherewith;
(b) provided furnished it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentPrincipal Paying Agent or, as the case may be, the Registrar.
12.5 17.5 The Principal Paying Agent or, as the case may be, the Registrar shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause and shall furnish the relevant Issuer and the Trustee with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Issuer with a destruction certificate containing the information specified in subclause 11.3sub-clause 16.3.
12.6 17.6 The Principal Paying Agent or, as the case may be, the Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Issuer, the Trustee and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this clause, the Principal Paying Agent or, as the case may be, the Registrar shall also notify the Trustee and the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 17.7 The Principal Paying Agent and the Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer Issuer, the Guarantor and the Trustee and any persons authorised by it any of them for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 17.8 Whenever any Bearer Note, Receipt, Coupon or Talon for which a replacement Bearer Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Issuer, the Trustee and the other Paying Agents.
12.9 17.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the such Paying Agent is the Principal Paying Agent) shall inform the Principal Paying Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Second Supplemental Agency Agreement (PT Portugal, SGPS, S.A.)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 16.1 The relevant Issuer will cause a sufficient quantity of additional forms of (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Principal Paying Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below and (b) Registered Notes, to be available, upon request, to the relevant Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 16.2 The Principal Paying Agent and the Registrar will, subject to and in accordance with the Conditions and this clause, Clause 16 cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 16.3 In the case of a mutilated or defaced Bearer Note, the Principal Paying Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Bearer Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 16.4 The Principal Paying Agent or the relevant Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Neither the Principal Paying Agent nor, as the case may be, the relevant Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) 16.4.1 paid the costs and expenses incurred in connection with the issue;
(b) 16.4.2 provided it with such evidence and indemnity as the Issuer, the Principal Paying Agent or the relevant Issuer and Agent Registrar may reasonably require; and
(c) 16.4.3 in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentPrincipal Paying Agent or, as the case may be, the relevant Registrar.
12.5 16.5 The Principal Paying Agent or, as the case may be, the relevant Registrar shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, a destruction certificate containing the information specified in subclause 11.3Clause 15.3.
12.6 16.6 The Principal Paying Agent or, as the case may be, the relevant Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Principal Paying Agent or, as the case may be, the relevant Registrar shall also notify the other Paying Agents of the maturity dates Maturity Dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 16.7 The Principal Paying Agent and the relevant Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer Issuer, the Guarantor and any persons authorised by it either of them for inspection and for the taking of copies of it or extracts from it.
12.8 16.8 Whenever any Bearer Note, Receipt, Coupon or Talon for which a replacement Bearer Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 16.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Principal Paying Agent) shall inform the Principal Paying Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Not Specified in the Provided Text
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 16.1 The relevant Issuer will cause a sufficient quantity of additional forms of (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Principal Paying Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 16.2 The Principal Paying Agent and the Registrar will, subject to and in accordance with the Conditions, (where applicable) the Additional Note Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 16.3 In the case of a mutilated or defaced Bearer Note, the Principal Paying Agent shall ensure that (unless otherwise covered by such indemnity from the relevant Noteholder as the relevant Issuer or the Principal Paying Agent may reasonably require) any replacement Bearer Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 16.4 The Principal Paying Agent or the Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Neither the Principal Paying Agent nor, as the case may be, the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Issuer, the Principal Paying Agent or the Registrar may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentPrincipal Paying Agent or, as the case may be, the Registrar.
12.5 16.5 The Principal Paying Agent or, as the case may be, the Registrar shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate certificate, upon written request, stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, Issuer and the Trustee a destruction certificate containing the information specified in subclause 11.3sub-clause 15.3.
12.6 16.6 The Principal Paying Agent or, as the case may be, the Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Principal Paying Agent or, as the case may be, the Registrar shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (1) The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Agent will, subject to and in accordance with the Conditions and the following provisions of this clauseclause 13, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer Obligors may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. (4) The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(a) paid have made payment of the costs and expenses incurred by the relevant Obligors in connection with therewith (including publication) and on such terms as to evidence, security, indemnity or otherwise in favour of the issue;
(b) provided it with such evidence and indemnity relevant Obligors in respect thereof as the relevant Issuer and Agent Obligors may reasonably require; and
(c) in require and shall have surrendered to the case of Agent any mutilated or defaced Note, Receipt, Coupon or Xxxxx, surrendered it Talon to the Agentbe so replaced.
12.5 (5) The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause 13 and shall furnish the relevant Issuer Obligors and the Agent with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer in writingthereafter, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Obligors with a destruction certificate containing the information specified in subclause 11.312(3).
12.6 (6) The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable inform the relevant Issuer Obligors and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, issued pursuant to the provisions of this clause 13. the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from itObligors.
12.8 (8) Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the Paying Agent Agents for payment, the Agent or, as the case may be, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Obligors and the other Paying Agents.
12.9 (9) The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the such Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement (Royal Ahold)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 13.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 13.2 The Agent will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 13.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 13.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or Xxxxx, surrendered it to the Agent.
12.5 13.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, Issuer a destruction certificate containing the information specified in subclause 11.312.3.
12.6 13.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents Agents, if any, of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Agent shall also notify the other Paying Agents Agents, if any, of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 13.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 13.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents., if any.
12.9 13.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (1) The relevant Issuer Corporation will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, request to the Agent in Luxembourg (in such capacity, the "Replacement Agent") at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Replacement Agent will, subject to and in accordance with the Terms and Conditions and the following provisions of this clauseClause 13, authenticate and cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer Corporation may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Replacement Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer Corporation may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 (4) The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Replacement Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(a) paid the such reasonable costs and expenses as may be incurred in connection with the issuetherewith, including any tax or other governmental charge that may be imposed in relation thereto;
(b) provided furnished it with such evidence and indemnity as the relevant Issuer and Agent Corporation may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Replacement Agent.
12.5 (5) The Replacement Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Clause 13 and shall furnish the relevant Issuer Corporation with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled so canceled and, unless otherwise instructed by the relevant Issuer Corporation in writing, shall destroy the cancelled such canceled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Corporation with a destruction certificate containing stating the information specified serial number of the Notes (in subclause 11.3the case of Definitive Notes) and the number by maturity date of Receipts, Coupons and Talons so destroyed.
12.6 (6) The Replacement Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Corporation, the Agent and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Clause 13, the Replacement Agent shall also notify the Agent and the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer Corporation and any persons authorised authorized by it for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (8) Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the Paying Agent Agents for payment, the Agent or, as the case may be, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Corporation and the other Paying Agents.
12.9 The Paying Agents and shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled not make payment in respect thereto, until instructed by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered TalonCorporation.
Appears in 1 contract
Samples: Agency Agreement (Nationsbank Corp)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1
13.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 13.2 The Agent will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.destroyed.
12.3 13.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 13.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or Xxxxx, surrendered it to the Agent.
12.5 13.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, Issuer a destruction certificate containing the information specified in subclause 11.312.3.
12.6 13.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents Agents, if any, of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Agent shall also notify the other Paying Agents Agents, if any, of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 13.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 13.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents, if any.
12.9 13.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1
17.1 The relevant Issuer will cause a sufficient quantity of additional forms of of: (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Principal Paying Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below; and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 17.2 The Principal Paying Agent and the Registrar will, subject to and in accordance with the Conditions and this clauseClause 17, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 17.3 In the case of a mutilated or defaced Bearer Note, the Principal Paying Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 17.4 The Principal Paying Agent or the Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Neither the Principal Paying Agent nor the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentPrincipal Paying Agent or the Registrar, as the case may be.
12.5 17.5 The Principal Paying Agent or the Registrar, as the case may be, shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause Clause 17 and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, Issuer a destruction certificate containing the information specified in subclause 11.3Clause 16.3.
12.6 The 17.6 Each of the Principal Paying Agent and the Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Principal Paying Agent or the Registrar, as the case may be, shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 The 17.7 Each of the Principal Paying Agent and the Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 17.8 Whenever any Bearer Note, Receipt, Coupon or Talon for which a replacement Bearer Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 17.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Principal Paying Agent) shall inform the Principal Paying Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (1) The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Agent will, subject to and in accordance with the Conditions and the following provisions of this clauseclause 13, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer Obligors may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. (4) The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(a) paid have made payment of the costs and expenses incurred by the relevant Obligors in connection with therewith (including publication) and on such terms as to evidence, security, indemnity or otherwise in favour of the issue;
(b) provided it with such evidence and indemnity relevant Obligors in respect thereof as the relevant Issuer and Agent Obligors may reasonably require; and
(c) in require and shall have surrendered to the case of Agent any mutilated or defaced Note, Receipt, Coupon or Xxxxx, surrendered it Talon to the Agentbe so replaced.
12.5 (5) The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause 13 and shall furnish the relevant Issuer Obligors and the Agent with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer in writingthereafter, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Obligors with a destruction certificate containing the information specified in subclause 11.312(3).
12.6 (6) The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable inform the relevant Issuer Obligors and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this clause 13, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from itObligors.
12.8 (8) Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the Paying Agent Agents for payment, the Agent or, as the case may be, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Obligors and the other Paying Agents.
12.9 (9) The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the such Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement (Royal Ahold)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 16.1 The relevant Issuer will cause a sufficient quantity of additional forms of of: (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Principal Paying Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below; and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 16.2 The Principal Paying Agent and the Registrar will, subject to and in accordance with the Conditions and this clauseClause 16, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 16.3 In the case of a mutilated or defaced Bearer Note, the Principal Paying Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Bearer Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 16.4 The Principal Paying Agent or the Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Neither the Principal Paying Agent nor, as the case may be, the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentPrincipal Paying Agent or, as the case may be, the Registrar.
12.5 16.5 The Principal Paying Agent or, as the case may be, the Registrar shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause Clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, Issuer and the Trustee a destruction certificate containing the information specified in subclause 11.3Clause 15.3.
12.6 16.6 The Principal Paying Agent or, as the case may be, the Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Principal Paying Agent or, as the case may be, the Registrar shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (1) The relevant Issuer Corporation will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, request to the Agent in Luxembourg (in such capacity, the "Replacement -12- Agent") at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Replacement Agent will, subject to and in accordance with the Terms and Conditions and the following provisions of this clauseClause 13, authenticate and cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer Corporation may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Replacement Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer Corporation may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 (4) The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Replacement Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(a) paid the such reasonable costs and expenses as may be incurred in connection with the issuetherewith, including any tax or other governmental charge that may be imposed in relation thereto;
(b) provided furnished it with such evidence and indemnity as the relevant Issuer and Agent Corporation may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Replacement Agent.
12.5 (5) The Replacement Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Clause 13 and shall furnish the relevant Issuer Corporation with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled so canceled and, unless otherwise instructed by the relevant Issuer Corporation in writing, shall destroy the cancelled such canceled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Corporation with a destruction certificate containing stating the information specified serial number of the Notes (in subclause 11.3the case of Definitive Notes) and the number by maturity date of Receipts, Coupons and Talons so destroyed.
12.6 (6) The Replacement Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Corporation, the Agent and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Clause 13, the Replacement Agent shall also notify the Agent and the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer Corporation and any persons authorised authorized by it for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (8) Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the Paying Agent Agents for payment, the Agent or, as the case may be, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Corporation and the other Paying Agents.
12.9 The Paying Agents and shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled not make payment in respect thereto, until instructed by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered TalonCorporation.
Appears in 1 contract
Samples: Agency Agreement (Nationsbank Corp)
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 16.1 The relevant Issuer will cause a sufficient quantity of additional forms of of: (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Principal Paying Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below; and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 16.2 The Principal Paying Agent and the Registrar will, subject to and in accordance with the Conditions and this clauseClause 16, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 16.3 In the case of a mutilated or defaced Bearer Note, the Principal Paying Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 16.4 The Principal Paying Agent or the Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Neither the Principal Paying Agent nor the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentPrincipal Paying Agent or the Registrar, as the case may be.
12.5 16.5 The Principal Paying Agent or the Registrar, as the case may be, shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause Clause 16 and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, Issuer a destruction certificate containing the information specified in subclause 11.3Clause 15.3.
12.6 The 16.6 Each of the Principal Paying Agent and the Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Principal Paying Agent or the Registrar, as the case may be, shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 The 16.7 Each of the Principal Paying Agent and the Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 16.8 Whenever any Bearer Note, Receipt, Coupon or Talon for which a replacement Bearer Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 16.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Principal Paying Agent) shall inform the Principal Paying Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 (1) The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, request to the Agent in London (in such capacity, the “Replacement Agent”) at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 (2) The Replacement Agent will, subject to to, and in accordance with with, the Terms and Conditions and the following provisions of this clauseClause 13, authenticate (or in the case of a Global Note that is a Eurosystem-eligible NGN, instruct the common safekeeper to effectuate the same) and cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 (3) In the case of a mutilated or defaced Note, the Replacement Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 (4) The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Replacement Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant applicant therefor shall have:
(a) paid the such reasonable costs and expenses as may be incurred in connection with the issuetherewith, including any tax or other governmental charge that may be imposed in relation thereto;
(b) provided furnished it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Replacement Agent.
12.5 (5) The Replacement Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause Clause 13 and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled so canceled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled such canceled Notes, Receipts, Coupons and Talons and give to furnish the relevant Issuer, upon written request, Issuer with a destruction certificate containing stating the information specified serial number of the Notes (in subclause 11.3the case of Definitive Notes) and the number by maturity date of Receipts, Coupons and Talons so destroyed.
12.6 (6) The Agent shallReplacement Agent, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith shall inform the relevant Issuer Issuer, the Agent and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this Clause 13, the Replacement Agent also shall also notify the Agent and the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 (7) The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer and any persons authorised authorized by it for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 (8) Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a the Agent or any of the Paying Agent Agents for payment, the Agent or, as the case may be, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer and the other Paying Agents.
12.9 The Paying Agents and shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled not make payment in respect thereto, until instructed by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered TalonIssuer.
Appears in 1 contract
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 The Agent will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or Xxxxx, surrendered it to the Agent.
12.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall shall, at the request of the Issuer, furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and and, at the request of the Issuer, give to the relevant Issuer, upon written request, Issuer a destruction certificate containing the information specified in subclause 11.3.
12.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of Xxxxxx. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1
15.1 The relevant Issuer will cause a sufficient quantity of additional forms of (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Principal Paying Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 15.2 The Principal Paying Agent and the Registrar will, subject to and in accordance with the relevant Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 15.3 In the case of a mutilated or defaced Bearer Note, the Principal Paying Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Bearer Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 15.4 The Principal Paying Agent or the Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Principal Paying Agent nor, as the case may be, the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentPrincipal Paying Agent or, as the case may be, the Registrar.
12.5 15.5 The Principal Paying Agent or, as the case may be, the Registrar shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, Issuer and the Trustee a destruction certificate containing the information specified in subclause 11.314.3.
12.6 15.6 The Principal Paying Agent or, as the case may be, the Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Principal Paying Agent shall also notify the other Paying Agents of the maturity dates (if applicable) of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 15.7 The Principal Paying Agent and the Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and the Trustee and any persons authorised by it either of them for inspection and for the taking of copies of it or extracts from it.
12.8 15.8 Whenever any Bearer Note, Receipt, Coupon or Talon for which a replacement Bearer Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents.Agents.
12.9 15.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Principal Paying Agent) shall inform the Principal Paying Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 13.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 13.2 The Agent will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 13.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 13.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Agent.
12.5 13.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written request, Issuer a destruction certificate containing the information specified in subclause 11.312.3.
12.6 13.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents Agents, if any, of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Agent shall also notify the other Paying Agents Agents, if any, of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 13.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 13.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents., if any.
12.9 13.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 The relevant Issuer will cause a sufficient quantity of additional forms of Notes, Receipts, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Receipts, Coupons and Talons as provided below.
12.2 The Agent will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 In the case of a mutilated or defaced Note, the Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 The Agent shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Agent shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the Agent.
12.5 The Agent shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall shall, at the request of the Issuer, furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and and, at the request of the Issuer, give to the relevant Issuer, upon written request, Issuer a destruction certificate containing the information specified in subclause 11.3.
12.6 The Agent shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Agent shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 The Agent shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer and any persons authorised by it for inspection and for the taking of copies of it or extracts from it.
12.8 Whenever any Note, Receipt, Coupon or Talon for which a replacement Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer and the other Paying Agents.
12.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Agent) shall inform the Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Agency Agreement
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 The relevant 16.1 Each Issuer will cause a sufficient quantity of additional forms of (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Principal Paying Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below and (b) Registered Notes, to be available, upon request, to the Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 16.2 The Principal Paying Agent and the Registrar will, subject to and in accordance with the Conditions and this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer and the Guarantor may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 16.3 In the case of a mutilated or defaced Bearer Note, the Principal Paying Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer may reasonably require) any replacement Bearer Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 16.4 The Principal Paying Agent or the Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchanged, as the case may be. The Neither the Principal Paying Agent nor, as the case may be, the Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant shall have:
(a) paid the costs and expenses incurred in connection with the issue;
(b) provided it with such evidence and indemnity as the relevant Issuer and Agent the Guarantor may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentPrincipal Paying Agent or, as the case may be, the Registrar.
12.5 16.5 The Principal Paying Agent or, as the case may be, the Registrar shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under this clause and shall furnish the relevant Issuer with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons cancelled and, unless otherwise instructed by the relevant Issuer in writing, shall destroy the cancelled Notes, Receipts, Coupons and Talons and give to the relevant Issuer, upon written requestwith a copy to the Guarantor, a destruction certificate containing the information specified in subclause 11.3clause 15.3, only if known.
12.6 16.6 The Principal Paying Agent or, as the case may be, the Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable immediately inform the relevant Issuer Issuer, the Guarantor and the other Paying Agents of the serial number of the replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issued, the Principal Paying Agent or, as the case may be, the Registrar shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 16.7 The Principal Paying Agent and the Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the record available at all reasonable times to the relevant Issuer Issuer, the Guarantor and any persons authorised by it either of them for inspection and for the taking of copies of it or extracts from it.
12.8 16.8 Whenever any Bearer Note, Receipt, Coupon or Talon for which a replacement Bearer Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact to the relevant Issuer Issuer, the Guarantor and the other Paying Agents, upon request from the relevant Issuer or the Guarantor.
12.9 16.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the Paying Agent is the Principal Paying Agent) shall inform the Principal Paying Agent of its serial number. Further Coupon sheets issued on surrender of Talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
ISSUE OF REPLACEMENT NOTES, RECEIPTS, COUPONS AND TALONS. 12.1 14.1 The relevant Issuer Bank will cause a sufficient quantity of additional forms of (a) Bearer Notes, Receipts, Coupons and Talons to be available, upon request, to the Fiscal Agent at its specified office for the purpose of issuing replacement Bearer Notes, Receipts, Coupons and Talons as provided below and (b) Registered Notes to be available, upon request, to each Registrar at its specified office for the purpose of issuing replacement Registered Notes as provided below.
12.2 14.2 The Fiscal Agent and the Registrars will, subject to and in accordance with the Conditions and the following provisions of this clause, cause to be delivered any replacement Notes, Receipts, Coupons and Talons which the relevant Issuer Bank may determine to issue in place of Notes, Receipts, Coupons and Talons which have been lost, stolen, mutilated, defaced or destroyed.
12.3 14.3 In the case of a mutilated or defaced Bearer Note, the Fiscal Agent shall ensure that (unless otherwise covered by such indemnity as the relevant Issuer Bank may reasonably require) any replacement Bearer Note will only have attached to it Receipts, Coupons and Talons corresponding to those (if any) attached to the mutilated or defaced Note which is presented for replacement.
12.4 14.4 The Fiscal Agent or the relevant Registrar, as the case may be, shall obtain verification in the case of an allegedly lost, stolen or destroyed Note, Receipt, Coupon or Talon in respect of which the serial number is known, that the Note, Receipt, Coupon or Talon has not previously been redeemed, paid or exchangedexchanged as the case may be. Neither the Fiscal Agent nor, as the case may be. The Agent , the relevant Registrar shall not issue any replacement Note, Receipt, Coupon or Talon unless and until the claimant therefor shall have:
(a) paid the such costs and expenses as may be incurred in connection with the issuetherewith;
(b) provided furnished it with such evidence and indemnity as the relevant Issuer and Agent Bank may reasonably require; and
(c) in the case of any mutilated or defaced Note, Receipt, Coupon or XxxxxTalon, surrendered it to the AgentFiscal Agent or, as the case may be, the relevant Registrar.
12.5 14.5 The Fiscal Agent or, as the case may be, the relevant Registrar shall cancel any mutilated or defaced Notes, Receipts, Coupons and Talons in respect of which replacement Notes, Receipts, Coupons and Talons have been issued under pursuant to this clause and shall furnish the relevant Issuer Bank with a certificate stating the serial numbers of the Notes, Receipts, Coupons and Talons so cancelled and, unless otherwise instructed by the relevant Issuer Bank in writing, shall destroy the such cancelled Notes, Receipts, Coupons and Talons and give to and, if so requested by the relevant IssuerBank, upon written request, furnish the Bank with a destruction certificate containing the information specified in subclause 11.3clause 13.2.
12.6 14.6 The Fiscal Agent or, as the case may be, the relevant Registrar shall, on issuing any replacement Note, Receipt, Coupon or Talon, as soon as reasonably practicable forthwith inform the relevant Issuer Bank and the other Paying Agents of the serial number of the such replacement Note, Receipt, Coupon or Talon issued and (if known) of the serial number of the Note, Receipt, Coupon or Talon in place of which the such replacement Note, Receipt, Coupon or Talon has been issued. Whenever replacement Receipts, Coupons or Talons are issuedissued pursuant to the provisions of this clause, the Fiscal Agent or, as the case may be, the relevant Registrar shall also notify the other Paying Agents of the maturity dates of the lost, stolen, mutilated, defaced or destroyed Receipts, Coupons or Talons and of the replacement Receipts, Coupons or Talons issued.
12.7 14.7 The Fiscal Agent and each Registrar shall keep a full and complete record of all replacement Notes, Receipts, Coupons and Talons issued and shall make the such record available at all reasonable times to the relevant Issuer Bank and any persons authorised by it for inspection and for the taking of copies of it thereof or extracts from ittherefrom.
12.8 14.8 Whenever any Bearer Note, Receipt, Coupon or Talon for which a replacement Bearer Note, Receipt, Coupon or Talon has been issued and in respect of which the serial number is known is presented to a Paying Agent for payment, the relevant Paying Agent shall as soon as reasonably practicable immediately send notice of that fact thereof to the relevant Issuer Bank and the other Paying Agents.
12.9 14.9 The Paying Agents shall issue further Coupon sheets against surrender of XxxxxxTalons. A Talon so surrendered shall be cancelled by the relevant Paying Agent who (except where the such Paying Agent is the Fiscal Agent) shall inform the Fiscal Agent of its serial number. Further Coupon sheets issued on surrender of Talons talons shall carry the same serial number as the surrendered Talon.
Appears in 1 contract
Samples: Fiscal Agency Agreement