Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificates.
Appears in 63 contracts
Samples: Series Supplement (Preferredplus Trust Series All-1), Trust Supplement (PPLUS Trust Series DCNA-1), Series Supplement (PPlus Trust Series LTD-1)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or (ii) Purchase Contract Agent, the Depositor Company shall execute and deliver to the Purchase Contract Agent, and the Trustee receive Purchase Contract Agent shall authenticate, execute on behalf of the Holder, and deliver in exchange therefor, a new Certificate at the cost of the Holder, evidencing the same number of Corporate Units or Treasury Units, as the case may be, and bearing a Certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Purchase Contract Agent (i) evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee (ii) such security or indemnity at the cost of the Holder as they may require be required by the Company and the Purchase Contract Agent to hold each of them and any Paying Agent agent of either of them harmless, and neither then, in the Depositor nor absence of notice to the Trustee receives notice Company or the Purchase Contract Agent that such Certificate has been acquired by a bona fide protected purchaser, then the Depositor Company shall execute and deliver to the TrusteePurchase Contract Agent, upon receipt and the Purchase Contract Agent shall authenticate, execute on behalf of a Depositor Orderthe Holder, shall authenticate and deliverdeliver to the Holder, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate Certificate, at the cost of the Holder, evidencing the same Series number of Corporate Units or Class of like tenorTreasury Units, formas the case may be, terms and principal amount, bearing a Certificate number not contemporaneously Outstandingoutstanding. Any Notwithstanding the foregoing, the Company will not be obligated to execute and deliver to the Purchase Contract Agent, and the Purchase Contract Agent will not be obligated to authenticate, execute on behalf of the Holder and deliver to the Holder, with respect to such lost, stolen, destroyed or mutilated Certificate executeda new Certificate on or after the Business Day immediately preceding the earliest of any Early Settlement Date, authenticated and delivered under this Section 5.05 any Fundamental Change Early Settlement Date, the Purchase Contract Settlement Date or the Termination Date. In addition, in lieu of delivery of a new Certificate, upon satisfaction of the applicable conditions specified above in this Section 3.10 and receipt of appropriate registration or transfer instructions from such Holder, the Purchase Contract Agent shall
(i) if the Purchase Contract Settlement Date or an Early Settlement Date or a Fundamental Change Early Settlement Date with respect to such lost, stolen, destroyed or stolen mutilated Certificate has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming a part of the Units evidenced by such Certificate, or
(ii) if a "Predecessor Certificate") Fundamental Change Early Settlement or an Early Settlement with respect to such lost, stolen, destroyed or mutilated Certificate or a Termination Event shall be deemed have occurred prior to evidence the same interest Purchase Contract Settlement Date or a Cash Settlement shall have occurred, transfer the Applicable Ownership Interest in Debentures, the Applicable Ownership Interest in the Treasury Portfolio or the Treasury Securities, as the Predecessor Certificatecase may be, forming a part of the Units represented by such Certificate to such Holder, in each case subject to the applicable conditions and in accordance with the applicable provisions of Section 3.15 (with respect to a Termination Event) and Article V hereof. Upon the issuance of any new Certificate under this Section 5.053.10, the Trustee Company and the Purchase Contract Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect relation thereto and any other fees and expenses (including including, without limitation, the fees and expenses of the TrusteePurchase Contract Agent) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 3.10 in lieu of any destroyed, mutilated, lost or stolen Certificate shall constitute complete an original additional contractual obligation of the Company and indefeasible evidence of ownership the Holder in respect of the Trust related to such SeriesUnits evidenced thereby, whether or not the Predecessor destroyed, mutilated, lost or stolen Certificate (and the Units evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued delivered hereunder. The provisions of this Section 5.05 3.10 are exclusive and shall preclude (preclude, to the extent lawful) , all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 11 contracts
Samples: Purchase Contract Agreement (Florida Power & Light Co), Purchase Contract Agreement (Florida Power & Light Co), Purchase Contract Agreement (Florida Power & Light Co)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate or any mutilated Coupon with the Coupon Certificate to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its Corporate Trust Office (in the case of Registered Certificates) or at its principal London office (in the case of Bearer Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any CertificateCertificate or any Coupon, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate or Coupon has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen CertificateCertificate or in exchange for the Coupon Certificate to which such mutilated, destroyed lost or stolen Coupon appertained, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 and, in lieu the case of a lostCoupon Certificate, destroyed with such Coupons attached thereto so that neither gain nor loss in interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class Class, with its Coupons, if any, issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate or Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class and their Coupons, if any, duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificatesmutilated, destroyed, lost or stolen Certificates or Coupons.
Appears in 9 contracts
Samples: Series Supplement (Lehman Abs Corp), Series Supplement Corporate Bond Backed Certificates (Lehman Abs Corp), Callable Treasury Strip Trust Certificates Series Supplement (Lehman Abs Corp)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 7 contracts
Samples: Trust Agreement (Fixed Income Client Solutions LLC), Base Trust Agreement (Structured Products Corp), Base Trust Agreement (Structured Products Corp)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered presented to the Depositor and the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may reasonably require to hold save each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide protected purchaser, then then, in each case, the Depositor Trustee shall execute and the Trusteeexecute, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series any authorized denomination or Class denominations of like tenor, form, terms tenor and principal amountCertificate Principal Balance, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 so that neither gain nor loss in lieu of a lost, destroyed interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.055.04, the Trustee may require the payment by the Certificateholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other reasonable expenses (including the reasonable fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 5.04 shall constitute complete and indefeasible evidence of ownership in the Trust related to such SeriesProperty, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class Certificates, if any, duly issued hereunderthereunder. The provisions terms of this Section 5.05 5.04 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 5 contracts
Samples: Trust Agreement (Incapital Trust Products II LLC), Trust Agreement (Incapital Trust Products LLC), Trust Agreement (Incapital Trust Products LLC)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered presented to the Depositor and the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may reasonably require to hold save each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then then, in each case, the Depositor Trustee shall execute and the Trusteeexecute, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series any authorized denomination or Class denominations of like tenor, form, terms tenor and principal amountCertificate Principal Balance, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 so that neither gain nor loss in lieu of a lost, destroyed interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.055.04, the Trustee may require the payment by the Certificateholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other reasonable expenses (including the reasonable fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 5.04 shall constitute complete and indefeasible evidence of ownership in the Trust related to such SeriesProperty, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class Certificates, if any, duly issued hereunderthereunder. The provisions terms of this Section 5.05 5.04 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 4 contracts
Samples: Trust Agreement (Bond Trust Products LLC), Trust Agreement (Core Bond Products LLC), Trust Agreement (Core Bond Products LLC)
Mutilated, Destroyed, Lost and Stolen Certificates. If -------------------------------------------------- (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust the Delivery Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor Trustee shall execute and the Trusteeand, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 4 contracts
Samples: Series Supplement (Elmwood Funding LTD), Trust Agreement (Elmwood Funding LTD), Series Supplement (Elmwood Funding LTD)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor Trustor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor Trustor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor Trustor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor Trustor shall execute and the Trustee, upon receipt of a Depositor Trustor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Trustor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 3 contracts
Samples: Base Trust Agreement (Synthetic Fixed Income Securities Inc), Base Trust Agreement (STRATS(SM) Trust for Procter & Gamble Securities, Series 2006-1), Base Trust Agreement (Synthetic Fixed Income Securities Inc)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered presented to the Depositor and the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold save each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and then, in each case, the Trustee, upon receipt of a Depositor Ordershall execute, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 so that neither gain nor loss in lieu of a lost, destroyed interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such SeriesProperty, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this the Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class Certificates, if any, duly issued hereunderthereunder. The provisions terms of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 3 contracts
Samples: Trust Agreement (Comcertz Abs Corp), Trust Agreement (Comcertz Abs Corp), Trust Agreement (Comcertz Abs Corp)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for any such mutilated Certificate, or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class Class, issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class Class, duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 3 contracts
Samples: Trust Agreement (Bear Stearns Depositor Inc), Trust Agreement (Bear Stearns Depositor Inc), Series Supplement (Bear Stearns Depositor Inc)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide protected purchaser, then the Depositor Trustee shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of beneficial ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 2 contracts
Samples: Base Trust Agreement (Structured Products Corp), Base Trust Agreement (Structured Products Corp)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for any such mutilated Certificate, or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 2 contracts
Samples: Trust Agreement (Select Asset Inc), Trust Agreement (Select Asset Inc)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate or any mutilated Coupon with the Coupon Certificate to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its Corporate Trust Office (in the case of Registered Certificates) or at such other office designated by the Trustee (in the case of Bearer Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any CertificateCertificate or any Coupon, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate or Coupon has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen CertificateCertificate or in exchange for the Coupon Certificate to which such mutilated, destroyed, lost or stolen Coupon appertained, a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 and, in lieu the case of a lostCoupon Certificate, destroyed with such Coupons attached thereto so that neither gain nor loss in interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class Class, with its Coupons, if any, issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate or Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class and their Coupons, if any, duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificatesmutilated, destroyed, lost or stolen Certificates or Coupons.
Appears in 2 contracts
Samples: Base Trust Agreement (Structured Products Corp), Series Supplement (Structured Products Corp)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificates.
Appears in 2 contracts
Samples: Trust Agreement (Merrill Lynch Depositor Inc), Trust Agreement (Merrill Lynch Depositor Inc)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide protected purchaser, then the Depositor shall execute prepare and the Trustee, upon receipt of a Depositor Order, shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 2 contracts
Samples: Trust Agreement (Fixed Income Trust for Prudential Financial, Inc. Notes, Series 2012-1), Trust Agreement (Fixed Income Trust for Goldman Sachs Subordinated Notes, Series 2011-1)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement these Standard Terms equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 2 contracts
Samples: Trust Agreement (Hexagon ABS Corp.), Trust Agreement (CSFB Asset Repackaging Depositor LLC)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate or any mutilated Coupon with the Coupon Certificate to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its Corporate Trust Office (in the case of Registered Certificates) or at its principal London office (in the case of Bearer Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any CertificateCertificate or any Coupon, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate or Coupon has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen CertificateCertificate or in exchange for the Coupon Certificate to which such mutilated, destroyed, lost or stolen Coupon appertained, a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 and, in lieu the case of a lostCoupon Certificate, destroyed with such Coupons attached thereto so that neither gain nor loss in interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class Class, with its Coupons, if any, issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate or Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class and their Coupons, if any, duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificatesmutilated, destroyed, lost or stolen Certificates or Coupons.
Appears in 2 contracts
Samples: Trust Agreement (Structured Products Corp), Trust Agreement (Structured Products Corp)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor Trustor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor Trustor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor Trustor nor the Trustee receives notice that such Certificate has been acquired by a bona fide protected purchaser, then the Depositor Trustor shall execute prepare and the Trustee, upon receipt of a Depositor Trustor Order, shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 1 contract
Samples: Base Trust Agreement (Synthetic Fixed Income Securities Inc)
Mutilated, Destroyed, Lost and Stolen Certificates. (a) If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office Trustee, or (ii) the Depositor and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Depositor and the Trustee such security or indemnity as they it may require to hold each of them the Trust and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaserharmless, then the Depositor Trustee shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new replacement Certificate of the same Series or Class and maturity and of like tenorterms as the mutilated, formdestroyed, terms lost or stolen Certificate; PROVIDED, HOWEVER, that if any such destroyed, lost or stolen Certificate, but not a mutilated Certificate, shall have become, or within thirty (30) days shall be, due and principal amountpayable, bearing the Trustee may pay such destroyed, lost or stolen Certificate when so due or payable instead of issuing a number not contemporaneously Outstanding. Any replacement Certificate.
(b) If, after the delivery of such replacement Certificate, or payment of a destroyed, lost or stolen Certificate executedpursuant to the proviso to the last sentence of subparagraph (a), a bona fide purchaser of the original Certificate in lieu of which such replacement Certificate was issued presents for payment such original Certificate, the Trustee 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 Trustee in connection therewith.
(c) The Trustee may, for each new Certificate authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive 4.05, require the advance payment by the Certificateholder of the expenses, including counsel fees, service charges and shall preclude (to any tax or governmental charge which may be incurred by the extent lawful) all other rights and remedies with respect to Trustee or Trust Estate. Any Certificate issued under the replacement or payment provisions of Predecessor Certificates.this
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor Trustee shall execute and the Trusteeexecute, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 1 contract
Samples: Base Trust Agreement (Prudential Securities Structured Assets Inc)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or such other locations as specified by the Trustee or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Trustee on behalf of the Trust (or the Depositor if specified in the Series Supplement) shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 so that neither gain nor loss in lieu of a lost, destroyed interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificatesmutilated, destroyed, lost or stolen Certificates or Coupons.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered presented to the Depositor or the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee receive such security or indemnity as they may require to hold save each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then then, in each case, the Depositor Trustee shall execute and the Trusteecause one of its Responsible Officers to execute, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of 30 39 any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and equal to the same Series share of the Principal Balance (or Class of like tenorNotional Amount, form, terms and principal amountas applicable), bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 so that neither gain nor loss in lieu of a lost, destroyed interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05, the Trustee may require the payment by the Person that will become the holder of such Certificate of a sum sufficient to cover any tax or other governmental charge that may be imposed in with respect thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. Every Each new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of a beneficial ownership interest in the Trust related to such SeriesProperty, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time be enforceable by anyone, and shall be entitled to all the benefits of this the Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunderthereunder. The provisions terms of this Section 5.05 are exclusive and shall preclude (to the extent lawfulpermitted by applicable law) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 1 contract
Samples: Trust Agreement (Credit & Asset Repackaging Vehicle Corp)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor and the Trustee receive receives evidence to their its satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they it may require to hold each of them it and any Paying Agent harmless, and neither the Depositor nor the Trustee receives has not received notice that such Certificate has been acquired by a bona fide BONA FIDE purchaser, then the Depositor Trustee shall execute and the Trusteeexecute, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 1 contract
Samples: Supplement (Prudential Securities Structured Assets Inc)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor Trustor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor Trustor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor Trustor nor the Trustee receives notice that such Certificate has been acquired by a bona fide protected purchaser, then the Depositor Trustee shall execute and the Trustee, upon receipt of a Depositor Trustor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Trustor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of beneficial ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered presented to the Depositor or the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee receive such security or indemnity as they may require to hold save each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then then, in each case, the Depositor Trustee shall execute and the Trusteecause one of its Responsible Officers to execute, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and equal to the same Series share of the Principal Balance (or Class of like tenorNotional Amount, form, terms and principal amountas applicable), bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 so that neither gain nor loss in lieu of a lost, destroyed interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05, the Trustee may require the payment by the Person that will become the holder of such Certificate of a sum sufficient to cover any tax or other governmental charge that may be imposed in with respect thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. Every Each new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of a beneficial ownership interest in the Trust related to such SeriesProperty, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time be enforceable by anyone, and shall be entitled to all the benefits of this the Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunderthereunder. The provisions terms of this Section 5.05 are exclusive and shall preclude (to the extent lawfulpermitted by applicable law) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 1 contract
Samples: Trust Agreement (Credit & Asset Repackaging Vehicle Corp)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office (in the case of Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of the same Series or and Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered presented to the Depositor and the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may reasonably require to hold save each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then then, in each case, the Depositor Trustee shall execute and the Trusteeexecute, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series any authorized denomination or Class denominations of like tenor, form, terms tenor and principal amountCertificate Principal Balance, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 so that neither gain nor loss in lieu of a lost, destroyed interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.055.04, the Trustee may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other reasonable expenses (including the reasonable fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 5.04 shall constitute complete and indefeasible evidence of ownership in the Trust related to such SeriesProperty, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class Certificates, if any, duly issued hereunderthereunder. The provisions terms of this Section 5.05 5.04 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity idemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 so that neither gain nor loss in lieu of a lost, destroyed interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificatesmutilated, destroyed, lost or stolen Certificates or Coupons.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate or any mutilated Coupon with the Coupon Certificate to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its Corporate Trust Office (in the case of Registered Certificates) or at its principal London office (in the case of Bearer Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any CertificateCertificate or any Coupon, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate or Coupon has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for any such mutilated Certificate, or in lieu of any such destroyed, lost or stolen Certificate or in exchange for the Coupon Certificate to which such mutilated, destroyed, lost or stolen CertificateCoupon appertained, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 and, in lieu the case of a lostCoupon Certificate, destroyed with such Coupons attached thereto so that neither gain nor loss in interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class Class, with its Coupons, if any, issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate or Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class and their Coupons, if any, duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificatesmutilated, destroyed, lost or stolen Certificates or Coupons.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Certificates. If -------------------------------------------------- (i) any mutilated Certificate is surrendered to the Trustee at its Corporate Trust Office or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for any such mutilated Certificate, or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 in lieu of a lost, destroyed or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificate. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class Class, issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class Class, duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor mutilated, destroyed, lost or stolen Certificates.
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Samples: Trust Agreement (Db Depositor Inc)
Mutilated, Destroyed, Lost and Stolen Certificates. If (i) any mutilated Certificate or any mutilated Coupon with the Coupon Certificate to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its Corporate Trust Office (in the case of Registered Certificates) or at its principal London office (in the case of Bearer Certificates) or (ii) the Depositor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any CertificateCertificate or any Coupon, and there is delivered to the Depositor and the Trustee such security or indemnity as they may require to hold each of them and any Paying Agent harmless, and neither the Depositor nor the Trustee receives notice that such Certificate or Coupon has been acquired by a bona fide purchaser, then the Depositor shall execute and the Trustee, upon receipt of a Depositor Order, shall authenticate and deliver, in exchange for any such mutilated Certificate, or in lieu of any such mutilated, destroyed, lost or stolen CertificateCertificate or in exchange for the Coupon Certificate to which such mutilated, destroyed lost or stolen Coupon appertained, a new Certificate of the same Series or Class of like tenor, form, terms and principal amount, bearing a number not contemporaneously Outstanding. Any Certificate executed, authenticated and delivered under this Section 5.05 and, in lieu the case of a lostCoupon Certificate, destroyed with such Coupons attached thereto so that neither gain nor loss in interest shall result from such exchange or stolen Certificate (a "Predecessor Certificate") shall be deemed to evidence the same interest as the Predecessor Certificatesubstitution. Upon the issuance of any new Certificate under this Section 5.05Section, the Trustee Depositor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in respect thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Certificate of any Series or Class Class, with its Coupons, if any, issued pursuant to this Section 5.05 shall constitute complete and indefeasible evidence of ownership in the Trust related to such Series, whether or not the Predecessor destroyed, lost or stolen Certificate or Coupon shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Trust Agreement equally and proportionately with any and all other Certificates of that Series or Class and their Coupons, if any, duly issued hereunder. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of Predecessor Certificatesmutilated, destroyed, lost or stolen Certificates or Coupons.
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Samples: Trust Agreement (Select Asset Inc)