Common use of Lost or Stolen Trust Securities, Etc Clause in Contracts

Lost or Stolen Trust Securities, Etc. In case any Trust Security certificate shall be mutilated, destroyed, lost or stolen and in the absence of notice to the Property Trustee that such Trust Security has been acquired by a protected purchaser (as such term is used in Section 8-405(a)(1) of the Delaware Uniform Commercial Code), the Property Trustee shall upon the order of a Regular Trustee, authenticate and make available for delivery a Trust Security certificate of like form and tenor in exchange and substitution for such mutilated Trust Security certificate or in lieu of and in substitution for such destroyed, lost or stolen Trust Security certificate, provided, however, that the Holder thereof provides the Property Trustee with (i) evidence satisfactory to the Property Trustee of such destruction, loss or theft of such Trust Security certificate, of the authenticity thereof and of his ownership thereof, (ii) reasonable indemnification satisfactory to the Property Trustee, and (iii) payment of any expense (including fees, charges and expenses of the Property Trustee) in connection with such execution and delivery. Any duplicate Trust Security certificate issued pursuant to this Section 5.4 shall constitute complete and indefeasible evidence of beneficial ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Security certificate shall be found at any time.

Lost or Stolen Trust Securities, Etc. In case any Trust Security certificate shall be mutilated, destroyed, lost or stolen and in the absence of notice to the Property Trustee that such Trust Security has been acquired by a protected purchaser (as such term is used in Section 8-405(a)(1) of the Delaware Uniform Commercial Code), the Property Trustee shall upon the order of a Regular Trustee, authenticate and make available for delivery a Trust Security certificate of like form and tenor in exchange and substitution for such mutilated Trust Security certificate or in lieu of and in substitution for such destroyed, lost or stolen Trust Security certificate, provided, 24 however, that the Holder thereof provides the Property Trustee with (i) evidence satisfactory to the Property Trustee of such destruction, loss or theft of such Trust Security certificate, of the authenticity thereof and of his ownership thereof, (ii) reasonable indemnification satisfactory to the Property Trustee, and (iii) payment of any expense (including fees, charges and expenses of the Property Trustee) in connection with such execution and delivery. Any duplicate Trust Security certificate issued pursuant to this Section 5.4 shall constitute complete and indefeasible evidence of beneficial ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Security certificate shall be found at any time.