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

Mutilated, Destroyed, Lost and Stolen Bonds. If (i) any mutilated Bond is surrendered to the Trustee and the Trustee receives evidence (including without limitation an affidavit from the Holder) to its satisfaction of the destruction, loss or theft of any Bond, and (ii) there is delivered to the Company and the Trustee such security or indemnity as may be required by it to save the Trustee harmless, then, in the absence of notice to the Company or the Trustee that such Bond has been acquired by a bona fide purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Company and the Trustee may require the payment of a sum sufficient to pay any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Bond issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (i) any mutilated Bond is surrendered to the Trustee Trustee, the Company shall execute and the Trustee receives shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) evidence (including without limitation an affidavit from the Holder) to its their satisfaction of the ownership of and the destruction, loss or theft of any Bond, Bond and (iib) there is delivered to the Company and the Trustee such security or and/or indemnity as may be reasonably required by it them to save the Trustee each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Bond has been acquired is held by a bona fide protected purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and Tranche, and of like tenor and principal amount, amount and bearing a number not contemporaneously outstanding. In Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Company and the Trustee may require the payment of a sum sufficient to pay cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) connected in connection therewith. Every new Bond of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyoneanyone other than the Holder of such new Bond, and any such new Bond shall be entitled to all the benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (i) any mutilated Bond is surrendered to the Trustee Trustee, the Company shall execute and the Trustee receives shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) evidence (including without limitation an affidavit from the Holder) to its their satisfaction of the ownership of and the destruction, loss or theft of any Bond, Bond and (iib) there is delivered to the Company and the Trustee such security or indemnity as may be reasonably required by it them to save the Trustee each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Bond has been acquired is held by a bona fide protected purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and Tranche, and of like tenor and principal amount, amount and bearing a number not contemporaneously outstanding. In Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Company and the Trustee may require the payment of a sum sufficient to pay cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) connected therewith. Every new Bond of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyoneanyone other than the Holder of such new Bond, and any such new Bond shall be entitled to all the benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (i) any mutilated Bond is surrendered to the Trustee or the Company, and the Security Registrar or the Trustee receives evidence (including without limitation an affidavit from the Holder) to its satisfaction of the destruction, loss or theft of any Bond, and (ii) there is delivered to the Company Company, the Security Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security or indemnity as may be required by it them to save the Trustee each of them harmless, then, in the absence of notice to the Company or the Trustee that such Bond has been acquired by a bona fide purchaser, the Company shall execute and upon its request the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and of like tenor and principal amount, bearing a number not contemporaneously outstandingthen Outstanding. In Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Company, upon satisfaction of the conditions set forth in its discretion clauses (i) and (ii) of the immediately preceding paragraph may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this SectionSection 2.9, the Company and the Trustee may require the payment of a sum sufficient to pay cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Bond issued pursuant to this Section 2.9 in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the security and benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. The provisions of this Section 2.9 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (ia) any mutilated or defaced Bond is surrendered to the Trustee Trustee, or the Issuer and the Security Registrar and the Trustee receives receive evidence (including without limitation an affidavit from the Holder) to its their satisfaction of the destruction, loss or theft of any Bond, and (iib) there is delivered to the Company Issuer, the Security Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security or indemnity as may be required by it them to save the Trustee each of them harmless, then, in the absence of notice to the Company Issuer, the Security Registrar or the Trustee that such Bond has been acquired by a bona fide protected purchaser, the Company Issuer shall execute and upon the Issuer's request the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and of like tenor tenor, interest rate and principal amount, bearing a number not contemporaneously outstandingthen outstanding and registered in the same manner. In case any If, after the delivery of such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Bond, pay a bona fide purchaser of the original Bond in lieu of which such Bond. Upon the issuance of any new Bond under this Sectionwas issued presents for payment such original Bond, the Company Issuer and the Trustee may require the payment of a sum sufficient shall be entitled to pay any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every recover such new Bond issued pursuant from the Person to this Section in lieu of whom it was delivered or any destroyedPerson taking therefrom, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyoneexcept a bona fide purchaser, and shall be entitled to all recover upon the benefits of (and subject to all the limitations of rights set forth in security or with respect to) this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. The provisions of this Section are exclusive and shall preclude (indemnity provided therefor to the extent lawful) all other rights and remedies with respect to of any loss, damage, cost or expenses incurred by the replacement Issuer or payment of mutilated, destroyed, lost or stolen Bonds.the Trustee in connection therewith. Northeast Generation Company Indenture --------------------------------------

Mutilated, Destroyed, Lost and Stolen Bonds. If (i) any mutilated Bond is surrendered to the Trustee Trustee, the Company shall execute and the Trustee receives shall authenticate and deliver in exchange therefor a new Bond of the same series, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) evidence (including without limitation an affidavit from the Holder) to its their satisfaction of the ownership of and the destruction, loss or theft of any Bond, Bond and (iib) there is delivered to the Company and the Trustee such security or indemnity as may be reasonably required by it them to save the Trustee each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Bond has been acquired is held by a bona fide protected purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series, and of like tenor and principal amount, amount and bearing a number not contemporaneously outstanding. In Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Company and the Trustee may require the payment of a sum sufficient to pay cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) connected therewith. Every new Bond of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyoneanyone other than the Holder of such new Bond, and any such new Bond shall be entitled to all the benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (ia) any mutilated or defaced Bond is surrendered to the Trustee Trustee, or the Issuer and the Security Registrar and the Trustee receives receive evidence (including without limitation an affidavit from the Holder) to its their satisfaction of the destruction, loss or theft of any Bond, and (iib) there is delivered to the Company Issuer, the Security Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security or indemnity as may be required by it them to save the Trustee each of them harmless, then, in the absence of notice to the Company Issuer, the Security Registrar or the Trustee that such Bond has been acquired by a bona fide purchaser, the Company Issuer shall execute and upon the Issuer's request the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen NRG Northeast Generating Indenture Bond, a new Bond of the same series and of like tenor tenor, interest rate and principal amount, bearing a number not contemporaneously outstandingthen outstanding and registered in the same manner. In If, after the delivery of such new Bond, a bona fide purchaser of the original Bond in lieu of which such new Bond was issued presents for payment such original Bond, the Issuer and the Trustee shall be entitled to recover such new Bond from the Person to whom it was delivered or any Person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expenses incurred by the Issuer or the Trustee in connection therewith. Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Issuer, upon satisfaction of the conditions set forth in its discretion clauses (a) and (b) of the preceding paragraph may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this SectionSection 2.9, the Company and the Trustee Issuer may require the payment of a sum sufficient to pay cover any tax or other governmental charge Tax that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Bond issued pursuant to this Section 2.9 in lieu of any mutilated, destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the security and benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture and the other Collateral Documents equally and proportionately with any and all other Bonds duly issued hereunder. The provisions of this Section 2.9 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (i) any mutilated Bond is surrendered to the Trustee Bond Registrar, or the Company, Oglethorpe, the Bond Registrar and the Trustee receives receive evidence (including without limitation an affidavit from the Holder) to its their satisfaction of the destruction, loss or theft of any Bond, and (ii) there is delivered to the Company Company, Oglethorpe, the Bond Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security or indemnity as may be required by it them to save the Trustee each of them harmless, then, in the absence of notice to the Company Company, Oglethorpe, the Bond Registrar or the Trustee that such Bond has been acquired by a bona fide purchaser, the Company shall execute and upon its request the Trustee or any other Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company may, upon satisfaction of the conditions set forth in its discretion mayclauses (i) and (ii) of the preceding paragraph, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Company and the Trustee Bond Registrar may require the payment of a sum sufficient to pay cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Bond issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the security and benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (i) any mutilated Bond is surrendered to the Trustee at its Corporate Trust Office, or (ii) the Company and the Trustee receives receive evidence (including without limitation an affidavit from the Holder) to its their satisfaction of the destruction, loss or theft of any Bond, and (ii) and, if required by the Company or the Trustee, there is delivered to the Company and the Trustee such security or indemnity as may be required by it sufficient, in their judgment, to save each of them and any Paying Agent harmless from any loss which they may suffer if such Bond is replaced as described below, and neither the Company nor the Trustee harmless, then, in the absence of receives notice to the Company or the Trustee that such Bond has been acquired by a bona fide purchaser, then the Company shall execute and upon Company Request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of like tenor Stated Maturity and with like terms and conditions and like principal amount, bearing a number not contemporaneously outstandingOutstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Bond, pay the amount due on such BondBond in accordance with its terms. Upon the issuance of any new Bond under this Section, the Company and the Trustee may require the payment of a sum sufficient to pay cover any tax or other governmental charge that may be imposed in relation respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Bond issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (ia) any mutilated Bond is surrendered to the Trustee and Trustee, or the Trustee receives evidence (including without limitation an affidavit from the Holder) to its satisfaction of the destruction, loss or theft of any STAR Bond, ; and (iib) there is delivered to the Company and the Trustee such security or indemnity as may be required by it to save the Trustee and the Issuer harmless, then, in the absence of notice to the Company or the Trustee that such STAR Bond has been acquired by a bona fide purchaser, the Company Issuer shall execute and upon its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series, maturity and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Trustee in its discretion may, instead of issuing a new Bond, pay such STAR Bond. Upon the issuance of any new Bond under this Section, the Company Issuer and the Trustee may require the payment by the owner thereof of a sum sufficient to pay cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Bond issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond Bond, shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the security and benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture equally and proportionately ratably with any and all other Bonds duly issued hereunderOutstanding STAR Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (ia) any mutilated Bond is surrendered to the Trustee and Trustee, the Partnership or the Security Registrar, or the Trustee receives evidence (including without limitation an affidavit from the Holder) to its satisfaction of the destruction, loss or theft of any Bond, and (iib) there is delivered to the Company Partnership, the Security Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity of such mutilated, destroyed, lost or stolen Bond, and such security or indemnity as may be required by it them to save the Trustee each of them harmless, then, in the absence of notice to the Company Partnership, the Security Registrar or the Trustee that such Bond has been acquired by a bona fide purchaser, the Company Funding Corporation and the Partnership shall execute and upon the Funding Corporation's and the Partnership's request the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and of like tenor and principal amount, bearing a number not contemporaneously then outstanding. In If, after the delivery of such new Bond, a bona fide purchaser of the original Bond in lieu of which such new Bond was issued presents for payment such original Bond, the Funding Corporation, the Partnership and the Trustee shall be entitled to recover such new Bond from the Person to whom it was delivered or any Person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Funding Corporation, the Partnership or the Trustee in connection therewith. Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Funding Corporation and the Partnership, upon satisfaction of the conditions set forth in its discretion clauses (a) and (b) of the preceding paragraph, may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this SectionSection 2.10, the Company and Funding Corporation or the Trustee Partnership may require the payment of a sum sufficient to pay cover any tax or other governmental charge Tax that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Bond issued pursuant to this Section 2.10 in lieu of any mutilated, destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the CompanyFunding Corporation and the Partnership, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the security and benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture and the Senior Security Documents equally and proportionately with any and all other Bonds duly issued hereunder. The provisions of this Section 2.10 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (i) any mutilated Bond is surrendered to the Trustee Bond Trustee, and the Bond Trustee receives evidence (including without limitation an affidavit from the Holder) to its satisfaction of the destruction, loss or theft of any Bond, and (ii) there is delivered to the Company and the Bond Trustee such security or indemnity as may be required by it the Bond Trustee to save the Issuer and the Bond Trustee harmless, then, in the absence of notice to the Company or the Bond Trustee that such Bond has been acquired by a bona fide purchaser, the Company Issuer shall execute and upon its request the Bond Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same maturity and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Bond Trustee in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Company Issuer and the Bond Trustee may require the payment of a sum sufficient to pay cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Bond issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond Bond, shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the security and benefits of (and subject to all the limitations of rights set forth in or with respect to) this Bond Indenture equally and proportionately ratably with any and all other Bonds duly issued hereunderOutstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (ia) any mutilated Bond is surrendered to the Trustee and Bond Registrar, or the Trustee Bond Registrar receives evidence (including without limitation an affidavit from the Holder) to its satisfaction of the destruction, loss or theft of any Bond, and (iib) there is delivered to the Company and the Trustee Bond Registrar such security or indemnity as may be required by it to save each of the Trustee District and the Bond Registrar harmless, then, in the absence of notice to the Company District or the Trustee Bond Registrar that such Bond has been acquired by a bona fide purchaser, the Company District shall execute and and, upon its request, the Trustee Bond Registrar shall authenticate and deliver, deliver in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of like tenor tenor, series, Interest Mode and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company District in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Company District and the Trustee Bond Registrar may require the payment by the Holder of a sum sufficient to pay cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the TrusteeBond Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the CompanyDistrict, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits and security of (and subject to all the limitations of rights set forth in or with respect to) this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (ia) any mutilated or defaced Bond is surrendered to the Trustee Trustee, or the Issuer and the Security Registrar and the Trustee receives receive evidence (including without limitation an affidavit from the Holder) to its their satisfaction of the destruction, loss or theft of any Bond, and (iib) there is delivered to the Company Issuer, the Security Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security or indemnity as may be required by it them to save the Trustee each of them harmless, then, in the absence of notice to the Company Issuer, the Security Registrar or the Trustee that such Bond has been acquired by a bona fide purchaser, the Company Issuer shall execute and upon the Issuer's request the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen NRG Northeast Generating Indenture ---------------------------------- Bond, a new Bond of the same series and of like tenor tenor, interest rate and principal amount, bearing a number not contemporaneously outstandingthen outstanding and registered in the same manner. In If, after the delivery of such new Bond, a bona fide purchaser of the original Bond in lieu of which such new Bond was issued presents for payment such original Bond, the Issuer and the Trustee shall be entitled to recover such new Bond from the Person to whom it was delivered or any Person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expenses incurred by the Issuer or the Trustee in connection therewith. Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Issuer, upon satisfaction of the conditions set forth in its discretion clauses (a) and (b) of the preceding paragraph may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this SectionSection 2.9, the Company and the Trustee Issuer may require the payment of a sum sufficient to pay cover any tax or other governmental charge Tax that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Bond issued pursuant to this Section 2.9 in lieu of any mutilated, destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the security and benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture and the other Collateral Documents equally and proportionately with any and all other Bonds duly issued hereunder. The provisions of this Section 2.9 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (i) any mutilated Bond is surrendered to the Trustee Trustee, the Company shall execute and the Trustee receives shall authenticate and deliver in exchange therefor a new Bond of the same series and Tranche, and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (a) evidence (including without limitation an affidavit from the Holder) to its their satisfaction of the ownership of and the destruction, loss or theft of any Bond, Bond and (iib) there is delivered to the Company and the Trustee such security or indemnity as may be reasonably required by it them to save the Trustee each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Bond has been acquired is held by a bona fide protected purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and Tranche, and of like tenor and principal amount, amount and bearing a number not contemporaneously outstanding. In Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, but subject to compliance with the foregoing conditions, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Company and the Trustee may require the payment of a sum sufficient to pay cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee) connected in connection therewith. Every new Bond of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyoneanyone other than the Holder of such new Bond, and any such new Bond shall be entitled to all the benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture equally and proportionately with any and all other Bonds of such series duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If In the event that any Bond shall become mutilated, defaced, destroyed, lost or stolen, the Company will execute and, upon the Company’s request, the Trustee will authenticate and deliver a new Bond, of like tenor (iincluding the same date of issuance) any mutilated and equal principal amount, registered in the same manner, and bearing interest from the date to which interest has been paid on such Bond, in exchange and substitution for such Bond (upon surrender and cancellation thereof) or in lieu of and substitution for such Bond. In the event that such Bond is surrendered to destroyed, lost or stolen, the Trustee and the Trustee receives evidence (including without limitation an affidavit from the Holder) to its satisfaction of the destruction, loss or theft of any Bond, and (ii) there is delivered applicant for a substitute Bond shall furnish to the Company and the Trustee such security or indemnity as may be required by it them to save the Trustee hold each of them harmless, thenand, in every case of destruction, loss or theft of such Bond, the absence of notice applicant shall also furnish to the Company or the Trustee that such Bond has been acquired by a bona fide purchaser, the Company shall execute and the Trustee shall authenticate satisfactory evidence of the destruction, loss or theft of such Bond and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of like tenor and principal amount, bearing a number not contemporaneously outstandingthe ownership thereof. In case any such mutilated, defaced, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this SectionSection 3.8, the Company and the Trustee may require the payment by the Holder of a sum sufficient to pay cover any tax or other governmental charge that may be imposed in relation thereto and any other fees and expenses (including the fees and expenses of the Trustee) connected therewith. Every new Bond issued pursuant to this Section 3.8 in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. The provisions of this Section 3.8 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (ia) any mutilated Bond is surrendered to the Trustee Trustee, or the Company and the Security Registrar and the Trustee receives receive evidence (including without limitation an affidavit from the Holder) to its their satisfaction of the destruction, loss or theft of any Bond, and (iib) there is delivered to the Company Company, the Security Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity thereof, and such security or indemnity as may be required by it them to save the Trustee each of them harmless, then, in the absence of notice to the Company Company, the Security Registrar or the Trustee that such Bond has been acquired by a bona fide purchaser, the Company shall execute and upon the Company’s request the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and of like tenor and principal amount, bearing a number not contemporaneously then outstanding. In If, after the delivery of such new Bond, a bona fide purchaser of the original Bond in lieu of which such new Bond was issued presents for payment such original Bond, the Company and the Trustee shall be entitled to recover such new Bond from the Person to whom it was delivered or any Person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expenses incurred by the Company or the Trustee in connection therewith. Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Company, upon satisfaction of the conditions set forth in its discretion clauses (a) and (b) of the preceding paragraph may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this SectionSection 2.9, the Company and the Trustee may require the payment of a sum sufficient to pay cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Bond issued pursuant to this Section 2.9 in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the security and benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. The provisions of this Section 29 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (ia) any ------------------------------------------ mutilated Bond is surrendered to the Trustee and Trustee, the Issuer or the Security Registrar, or the Trustee receives evidence (including without limitation an affidavit from the Holder) to its satisfaction of the destruction, loss or theft of any Bond, and (iib) there is delivered to the Company Issuer, the Security Registrar and the Trustee evidence to their satisfaction of the ownership and authenticity of such mutilated, destroyed, lost or stolen Bond, and such security or indemnity as may be required by it them to save the Trustee each of them harmless, then, in the absence of notice to the Company Issuer, the Security Registrar or the Trustee that such Bond has been acquired by a bona fide purchaser, the Company Issuer shall execute and and, upon the Issuer's request, the Trustee shall authenticate and delivermake available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and of like tenor and principal amount, bearing a number not contemporaneously then outstanding. In If, after the delivery of such new Bond, a bona fide purchaser of the original Bond in lieu of which such new Bond was issued presents for payment such original Bond, the Issuer and the Trustee shall be entitled to recover such new Bond from the Person to whom it was delivered or any Person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Issuer or the Trustee in connection therewith. Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Issuer, upon satisfaction of the conditions set forth in its discretion clauses (a) and (b) of the preceding paragraph, may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this SectionSection 2.10, the Company and the Trustee Issuer ------------ may require the payment of a sum sufficient to pay cover any tax or other governmental charge Tax that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Bond issued pursuant to this Section 2.10 in lieu of any ------------ mutilated, destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the security and benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture and the Security Documents equally and proportionately with any and all other Bonds duly issued hereunder. The provisions of this Section 2.10 are exclusive and shall preclude ------------ (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.

Mutilated, Destroyed, Lost and Stolen Bonds. If (i) any mutilated Bond is surrendered to the Trustee Trustee, or the Issuer and the Trustee receives receive evidence (including without limitation an affidavit from the Holder) to its their satisfaction of the destruction, loss or theft of any Bond, and (ii) there is delivered to the Company Issuer and the Trustee such security or indemnity as may be required by it them to save the Trustee each of them harmless, then, in the absence of notice to the Company Issuer or the Trustee that such Bond has been acquired by a bona fide purchaser, the Company Issuer shall execute and upon its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same series and Stated Maturity and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Company Issuer in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Company Issuer and the Trustee may require the payment of a sum sufficient to pay cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Bond issued pursuant to this Section in lieu of any destroyed, lost or stolen Bond Bond, shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the security and benefits of (and subject to all the limitations of rights set forth in or with respect to) this Indenture equally and proportionately ratably with any and all other Bonds duly issued hereunderOutstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds.