Common use of Lost, etc Clause in Contracts

Lost, etc. Notes Notwithstanding any provision to the contrary, if any Note of which the Purchaser or any other Holder (or nominee thereof) which is a transferee is the owner is mutilated, destroyed, lost or stolen, then the affidavit of the Purchaser or such Holder, if an individual, or of the Purchaser's or such Holder's treasurer or assistant treasurer (or other authorized officer), if a Person other than an individual, briefly setting forth the circumstances with respect to such mutilation, destruction, loss or theft, shall be accepted as satisfactory evidence thereof, and no indemnity, note or payment of charges or expenses shall be required as a condition to the execution and delivery by the Company or the transfer agent with respect to such Note, of new Notes for a like aggregate principal amount or number of shares, as applicable, in substitution therefor, other than such Purchaser's or such Holder's unsecured written agreement reasonably satisfactory to indemnify the Company or the transfer agent, as the case may be, which written agreement may be required by the Company.

Lost, etc. Notes NOTES Notwithstanding any provision to the contrary, if any Note of which the Purchaser or any other Holder (or nominee thereof) which is a transferee is the owner is mutilated, destroyed, lost or stolen, then the affidavit of the Purchaser or such Holder, if an individual, or of the Purchaser's or such Holder's treasurer or assistant treasurer (or other authorized officer), if a Person other than an individual, briefly setting forth the circumstances with respect to such mutilation, destruction, loss or theft, shall be accepted as satisfactory evidence thereof, and no indemnity, note or payment of charges or expenses shall be required as a condition to the execution and delivery by the Company or the transfer agent with respect to such Note, of new Notes for a like aggregate principal amount or number of shares, as applicable, in substitution therefor, other than such Purchaser's or such Holder's unsecured written agreement reasonably satisfactory to indemnify the Company or the transfer agent, as the case may be, which written agreement may be required by the Company.