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

Lost, Stolen, Destroyed or Mutilated Notes. Upon receipt by the Borrower of (i) written notice from a Lender that a Note of such Lender has been lost, stolen, destroyed, mutilated, inappropriately cancelled or inappropriately marked, and (ii)(A) in the case of loss, theft or destruction, an unsecured agreement of indemnity from such Lender in form reasonably satisfactory to the Borrower, or (B) in the case of mutilation, inappropriate cancellation or inappropriate marking, upon surrender and cancellation of such Note, the Borrower shall at no expense to Borrower execute and deliver to such Lender a new Note, identical in form and substance and dated the date of such lost, stolen, destroyed, mutilated, inappropriately cancelled or inappropriately marked Note.

Appears in 5 contracts

Samples: Term Loan Agreement (CBL & Associates Properties Inc), Credit Agreement (CBL & Associates Properties Inc), Credit Agreement (CBL & Associates Properties Inc)

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Lost, Stolen, Destroyed or Mutilated Notes. Upon receipt by the Borrower of (i) written notice from a Lender that a Note of such Lender has been lost, stolen, destroyed, destroyed or mutilated, inappropriately cancelled or inappropriately marked, and (ii)(A) in the case of loss, theft or destruction, an unsecured agreement of indemnity from such Lender in form reasonably satisfactory to the Borrower, which agreement of indemnity shall be unsecured but shall not impair any right of set-off the Borrower may have against such Lender in connection with any loss incurred by the Borrower as a result of such lost note, or (B) in the case of mutilation, inappropriate cancellation or inappropriate marking, upon surrender and cancellation of such Note, the Borrower shall at no its own expense to Borrower execute and deliver to such Lender a new Note, identical in form and substance and Note dated the date of such lost, stolen, destroyed, mutilated, inappropriately cancelled destroyed or inappropriately marked mutilated Note.

Appears in 1 contract

Samples: Credit Agreement (American Realty Capital Properties, Inc.)

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Lost, Stolen, Destroyed or Mutilated Notes. Upon receipt by In the Borrower of (i) written notice from a Lender event that a Note of such Lender has been purchased under this Agreement shall become lost, stolen, destroyed, or mutilated, inappropriately cancelled or inappropriately marked, and (ii)(A) in the case of loss, theft or destruction, an unsecured agreement of indemnity from such Lender in form reasonably satisfactory to the Borrower, or (B) in the case of mutilation, inappropriate cancellation or inappropriate marking, upon surrender and cancellation of such Note, the Borrower shall at no expense to Borrower shall, upon the written request of FFB, execute and deliver to such Lender deliver, in replacement thereof, a new NoteNote of like tenor, identical in form dated and substance and dated bearing interest from the date of to which interest has been paid on such lost, stolen, destroyed, or mutilated Note or, if no interest has been paid thereon, dated the same date as such lost, stolen, destroyed, or mutilated Note. Upon delivery of such replacement Note, the Borrower shall be released and discharged from any further liability on account of the lost, stolen, or destroyed Note. If the Note being replaced has been mutilated, inappropriately cancelled or inappropriately marked Notesuch mutilated Note shall be surrendered to the Borrower for cancellation.

Appears in 1 contract

Samples: Note Purchase Agreement (Li-Cycle Holdings Corp.)

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