Common use of Loss, Theft, Etc. of Notes Clause in Contracts

Loss, Theft, Etc. of Notes. Upon receipt of evidence satisfactory to the Obligors of the loss, theft, mutilation or destruction of any Note, and in the case of any such loss, theft or destruction upon delivery of a bond of indemnity in such form and amount as shall be reasonably satisfactory to the Obligors, or in the event of such mutilation upon surrender and cancellation of the Note, the Obligors will make and deliver without expense to the Holder thereof, a new Note, of the same series and tranche and of like tenor, in lieu of such lost, stolen, destroyed or mutilated Note. If an Institutional Holder is the owner of any such lost, stolen or destroyed Note, then the affidavit of an authorized officer of such owner, setting forth the fact of loss, theft or destruction and of its ownership of the Note at the time of such loss, theft or destruction shall be accepted as satisfactory evidence thereof and no further indemnity shall be required as a condition to the execution and delivery of a new Note other than the written agreement of such owner to indemnify the Obligors.

Appears in 1 contract

Samples: Note Agreement (Quad/Graphics, Inc.)

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Loss, Theft, Etc. of Notes. Upon receipt of evidence satisfactory to the Obligors Company of the loss, theft, mutilation or destruction of any Note, and in the case of any such loss, theft or destruction upon delivery of a bond of indemnity in such form and amount as shall be reasonably satisfactory to the ObligorsCompany, or in the event of such mutilation upon surrender and cancellation of the Note, the Obligors Company will make and deliver without expense to the Holder Meritage Corporation Note Agreement thereof, a new Note, of the same series and tranche and of like tenor, in lieu of such lost, stolen, destroyed or mutilated Note. If an Institutional Holder is the owner of any such lost, stolen or destroyed Note, then its unsecured agreement of indemnity accompanied by the affidavit of an authorized officer of such owner, setting forth the fact of loss, theft or destruction and of its ownership of the such Note at the time of such loss, theft or destruction shall be accepted as satisfactory evidence thereof and no further indemnity shall be required as a condition to the execution and delivery of a new Note other than the written agreement of such owner to indemnify the ObligorsNote.

Appears in 1 contract

Samples: Note Agreement (Meritage Corp)

Loss, Theft, Etc. of Notes. Upon receipt of evidence satisfactory to the Obligors Company of the loss, theft, mutilation or destruction of any Note, and in the case of any such loss, theft or destruction upon delivery of a bond of indemnity in such form and amount as shall be reasonably satisfactory to the ObligorsCompany, or in the event of such mutilation upon surrender and cancellation of the Note, the Obligors Company will make and deliver without expense to the Holder thereofholder thereof (other than the expense of the above-referenced bond of indemnity), a new Note, of the same series and tranche Series and of like tenor, in lieu of such lost, stolen, destroyed or mutilated Note. If an Institutional Holder the Purchaser or any subsequent institutional holder is the owner of any such lost, stolen or destroyed Note, then the affidavit of an authorized officer of such owner, setting forth the fact of loss, theft or destruction and of its ownership of the Note at the time of such loss, theft or destruction shall be accepted as satisfactory evidence thereof and no further indemnity shall be required as a condition to the execution and delivery of a new Note other than the written agreement of such owner to indemnify the ObligorsCompany.

Appears in 1 contract

Samples: Financial Federal Corp

Loss, Theft, Etc. of Notes. Upon receipt of evidence satisfactory to the Obligors Company of the loss, theft, mutilation or destruction of any Note, and in the case of any such loss, theft or destruction upon delivery of a bond of indemnity in such form and amount as shall be reasonably satisfactory to the ObligorsCompany, or in the event of such mutilation upon surrender and cancellation of the Note, the Obligors Company will make and deliver without expense to the Holder holder thereof, a new Note, of the same series and tranche and of like tenor, in lieu of such lost, stolen, destroyed or mutilated Note. If an Institutional Holder the Purchaser or any subsequent institutional holder is the owner of any such lost, stolen or destroyed Note, then the affidavit of an authorized officer of such owner, Petroleum Heat and Power Co., Inc. Note Agreement setting forth the fact of loss, theft or destruction and of its ownership of the Note at the time of such loss, theft or destruction shall be accepted as satisfactory evidence thereof and no further indemnity shall be required as a condition to the execution and delivery of a new Note other than the written agreement of such owner to indemnify the ObligorsCompany.

Appears in 1 contract

Samples: Note Agreement (Petroleum Heat & Power Co Inc)

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Loss, Theft, Etc. of Notes. Upon receipt of evidence satisfactory to the Obligors Company of the loss, theft, mutilation or destruction of any Note, and in the case of any such loss, theft or destruction upon delivery of a bond of indemnity in such form and amount as shall be reasonably satisfactory to the ObligorsCompany, or in the event of such mutilation upon surrender and cancellation of the Note, the Obligors Company will make and deliver without expense to the Holder thereof, a new Note, of like tenor and of the same series and tranche and of like tenorSeries, in lieu of such lost, stolen, destroyed or mutilated Note. If a Purchaser, an Additional Purchaser or any subsequent Institutional Holder is the owner of any such lost, stolen or destroyed Note, then the affidavit of an authorized officer of such owner, setting forth the fact of loss, theft or destruction and of its ownership of the such Note at the time of such loss, theft or destruction shall be accepted as satisfactory evidence thereof and no further indemnity shall be required as a condition to the execution and delivery of a new Note other than the written agreement of such owner to indemnify the ObligorsCompany.

Appears in 1 contract

Samples: Note Agreement (Allied Capital Corp)

Loss, Theft, Etc. of Notes. Upon receipt of evidence satisfactory -------------------------- to the Obligors Company of the loss, theft, mutilation or destruction of any Note, and in the case of any such loss, theft or destruction upon delivery of a bond of indemnity in such form and amount as shall be reasonably satisfactory to the ObligorsCompany, or in the event of such mutilation upon surrender and cancellation of the Note, the Obligors Company will make and deliver deliver, without expense to the Holder holder thereof, a new Note, of the same series and tranche and of like tenor, in lieu of such lost, stolen, destroyed or mutilated Note. If an any Purchaser or any other Institutional Holder is the owner of any such lost, stolen or destroyed Note, then the affidavit of an authorized officer of such owner, setting forth the fact of loss, theft or destruction and of its ownership of the Note at the time of such loss, theft or destruction shall be accepted as satisfactory evidence thereof and no further indemnity shall be required as a condition to the execution and delivery of a new Note other than the written agreement of such owner to indemnify the ObligorsCompany.

Appears in 1 contract

Samples: Purchase Agreement (Worldcorp Inc)

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