Common use of Lost, Stolen, Destroyed and Mutilated Notes Clause in Contracts

Lost, Stolen, Destroyed and Mutilated Notes. Upon receipt by the Trustee of evidence satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note and, in the case of a lost, stolen or destroyed Note, of security, surety bond or indemnity satisfactory to it, and upon surrender and cancellation of the Note, if mutilated, (a) the Authority shall execute, and the Trustee shall authenticate and deliver, a replacement Note of the same Class and Authorized Denomination in lieu of such lost, stolen, destroyed or mutilated Note or (b) if such lost, stolen, destroyed or mutilated Note shall have matured or within 15 days shall be due and payable, in lieu of executing and delivering a new Note as aforesaid, the Authority may pay such Note. Any such new Note shall bear a number not contemporaneously outstanding. The applicant for any such new Note may be required to indemnify the Trustee and the Authority, and pay all taxes and governmental charges and all expenses and charges of the Authority and of the Trustee in connection with the issuance of such Note. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing conditions are exclusive with respect to the replacement and payment of mutilated, destroyed, lost or stolen Notes, negotiable instruments or other securities.

Appears in 2 contracts

Samples: Indenture of Trust, Indenture of Trust

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Lost, Stolen, Destroyed and Mutilated Notes. Upon receipt by the Trustee Secured Party of evidence satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any a Note or Loan Note and, in the case of a lost, stolen or destroyed Note or Loan Note, of security, surety bond or indemnity satisfactory to it, and upon surrender and cancellation of the Note or Loan Note, if mutilated, (a) within ten Business Days thereafter, the Authority Issuer shall execute, and the Trustee Secured Party shall authenticate and deliver, a replacement Note or Loan Note of the same Class interest rate, Outstanding Amount, Maximum Outstanding Amount and Authorized Denomination Final Maturity Date, as applicable, in lieu of such lost, stolen, destroyed or mutilated Note or Loan Note or (b) with respect to the Senior Notes and Loan Notes, if such lost, stolen, destroyed or mutilated Senior Note or Loan Note shall have matured or within 15 days shall be due and payable, in lieu of executing and delivering a new Senior Note or Loan Note as aforesaid, the Authority Issuer may pay such Notethe Senior Note or related Lender when so due or payable. Any such new Note or Loan Note shall bear a number not contemporaneously outstanding. The applicant for any such new Note or Loan Note may be required to indemnify the Trustee and the Authority, and pay all taxes and governmental charges and all expenses and charges of the Authority Issuer and of the Trustee Secured Party in connection with the issuance of such the Note or Loan Note. All The Notes and the Loan shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing conditions are exclusive with respect to the replacement and payment of mutilated, destroyed, lost or stolen Notes and Loan Notes, negotiable instruments or other securities.

Appears in 2 contracts

Samples: Indenture and Credit Agreement, Indenture and Credit Agreement (Itt Educational Services Inc)

Lost, Stolen, Destroyed and Mutilated Notes. Upon receipt by the Trustee of evidence satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note and, in the case of a lost, stolen or destroyed Note, of security, surety bond or indemnity satisfactory to it, and upon surrender and cancellation of the Note, if mutilated, (a) the Authority shall execute, and the Trustee shall authenticate and deliver, a replacement Note of the same Class and Authorized Denomination in lieu of such lost, stolen, destroyed or mutilated Note or (b) if such lost, stolen, destroyed or mutilated Note shall have matured or within 15 days shall be due and payable, in lieu of executing and delivering a new Note as aforesaid, the Authority may pay such Note. Any such new Note shall bear a number not contemporaneously outstanding. The applicant for any such new Note may be required to indemnify the Trustee and the Authority, and pay all taxes and governmental charges and all expenses and charges of the Authority and of the Trustee in connection with the issuance of such Note. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing conditions are exclusive with respect to the replacement and payment of mutilated, destroyed, lost or stolen Notes, negotiable instruments or other securities.

Appears in 1 contract

Samples: Indenture of Trust

Lost, Stolen, Destroyed and Mutilated Notes. Upon receipt by the Trustee of evidence satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note and, in the case of a lost, stolen or destroyed Note, of security, surety bond or indemnity satisfactory to it, and upon surrender and cancellation of the Note, if mutilated, (a) the Authority Corporation shall execute, and the Trustee shall authenticate and deliver, a replacement new Note of the same Class and Authorized Denomination denomination in lieu of such lost, stolen, destroyed or mutilated Note or (b) if such lost, stolen, destroyed or mutilated Note shall have matured or within 15 days shall be due and payablehave been called for redemption, in lieu of executing and delivering a new Note as aforesaid, the Authority Corporation may pay such Note. Any such new Note shall bear a number not contemporaneously outstanding. The applicant for any such new Note may be required to indemnify the Trustee and the Authority, and pay all taxes and governmental charges and all expenses and charges of the Authority Corporation and of the Trustee in connection with the issuance of such Note. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing conditions are exclusive with respect to the replacement and payment of mutilated, destroyed, lost or stolen Notes, negotiable instruments or other securities.

Appears in 1 contract

Samples: Indenture of Trust

Lost, Stolen, Destroyed and Mutilated Notes. Upon receipt by the Trustee of evidence satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note and, in the case of a lost, stolen or destroyed Note, of security, surety bond or indemnity satisfactory to it, and upon surrender and cancellation of the Note, if mutilated, (a) the Authority shall execute, and the Trustee shall authenticate and deliver, a replacement Note of the same Class and Authorized Denomination in lieu of such lost, stolen, destroyed or mutilated Note or (b) if such lost, stolen, destroyed or mutilated Note shall have matured or within 15 days shall be due and payable, in lieu of executing and delivering a new Note as aforesaid, the Authority may pay such Note. Any such new Note shall bear a number not contemporaneously outstanding. The applicant for any such new Note may be required to indemnify the Trustee and the Authority, and pay all taxes and governmental charges and all expenses and charges of the Authority and of the Trustee in connection with the issuance of such Note. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing conditions are exclusive with respect to the replacement and payment of mutilated, destroyed, lost or stolen Notes, negotiable instruments or other securities.the

Appears in 1 contract

Samples: Indenture of Trust

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Lost, Stolen, Destroyed and Mutilated Notes. Upon receipt by the Indenture Trustee of evidence satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note and, in the case of a lost, stolen or destroyed Note, of security, surety bond or indemnity satisfactory to it, and upon surrender and cancellation of the Note, if mutilated, (a) the Authority Issuer shall execute, and the Indenture Trustee shall authenticate and deliver, a replacement new Note of the same Class Series, subseries, if any, interest rate, maturity and Authorized Denomination denomination in lieu of such lost, stolen, destroyed or mutilated Note or (b) if such lost, stolen, destroyed or mutilated Note shall have matured or within 15 days shall be due and payablehave been called for redemption, in lieu of executing and delivering a new Note as aforesaid, the Authority Issuer may pay such Note. Any such new Note shall bear a number not contemporaneously outstanding. The applicant for Person requesting any such new Note may be required to indemnify the Trustee and the Authority, and pay all taxes and governmental charges and all expenses and charges of the Authority Issuer and of the Indenture Trustee in connection with the issuance of such Note. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing conditions are exclusive with respect to the replacement and payment of mutilated, destroyed, lost or stolen Notes, negotiable instruments or other securities.

Appears in 1 contract

Samples: Indenture of Trust (Education Capital I LLC)

Lost, Stolen, Destroyed and Mutilated Notes. Upon receipt by the Issuer and the Trustee of evidence satisfactory to it them of the ownership of and the loss, theft, destruction or mutilation of any Note and, in the case of a lost, stolen or destroyed Note, of security, surety bond or indemnity satisfactory to itthem, and upon surrender and cancellation of the Note, if mutilated, (ai) the Authority Issuer shall execute, and the Trustee shall authenticate and deliver, a replacement new Note of the same Class series, subclass, if any, interest rate, maturity and Authorized Denomination denomination in lieu of such lost, stolen, destroyed or mutilated Note or (bii) if such lost, stolen, destroyed or mutilated Note shall have matured or within 15 days shall be due and payablehave been called for redemption, in lieu of executing and delivering a new Note as aforesaid, the Authority Issuer may pay such Note. Any such new Note shall bear a number not contemporaneously outstanding. The applicant for any such new Note may be required to indemnify the Trustee and the Authority, and pay all taxes and governmental charges and all expenses and charges of the Authority Issuer and of the Trustee in connection with the issuance of such Note. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing conditions are exclusive with respect to the replacement and payment of mutilated, destroyed, lost or stolen Notes, negotiable instruments or other securities.

Appears in 1 contract

Samples: Indenture of Trust (Union Financial Services I Inc)

Lost, Stolen, Destroyed and Mutilated Notes. Upon receipt by the Trustee of evidence satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note and, in the case of a lost, stolen or destroyed Note, of security, surety bond or indemnity satisfactory to it, and upon surrender and cancellation of the Note, if mutilated, (a) the Authority shall execute, and the Trustee shall authenticate and deliver, a replacement Note of the same Class and Authorized Denomination denomination in lieu of such lost, stolen, destroyed or mutilated Note or (b) if such lost, stolen, destroyed or mutilated Note shall have matured or within 15 days shall be due and payable, in lieu of executing and delivering a new Note as aforesaid, the Authority may pay such Note. Any such new Note shall bear a number not contemporaneously outstanding. The applicant for any such new Note may be required to indemnify the Trustee and the Authority, and pay all taxes and governmental charges and all expenses and charges of the Authority and of the Trustee in connection with the issuance of such Note. All Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing conditions are exclusive with respect to the replacement and payment of mutilated, destroyed, lost or stolen Notes, negotiable instruments or other securities.

Appears in 1 contract

Samples: Indenture of Trust

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