Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by them, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, and the Trustee shall authenticate and make available for delivery, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Debentures. 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 Debentures.
Appears in 4 contracts
Samples: Indenture (Wabash National Corp /De), Exchange Agreement (Insignia Financial Group Inc /De/), Indenture (Insignia Financing I)
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the TrusteeTrustee together with such security or indemnity as may be required by the Company or the Trustee to save each of them harmless, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and to the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Debenture Debenture, and (iib) such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of actual notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to shall execute and upon the following paragraph, execute, and receipt of a Company Order requesting authentication of its request the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Capital Senior Living Corp), Agreement and Plan of Merger (Capital Senior Living Corp), Trust Agreement (Ilm Ii Senior Living Inc /Va)
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by themthem to save 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 Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 3 contracts
Samples: Indenture (Frontier Insurance Group Inc), Westcoast Hospitality Capital Trust, Westcoast Hospitality Corp
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the TrusteeTrustee together with such security or indemnity as may be required by the Company or the Trustee to save each of them harmless, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and to the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Debenture Debenture, and (iib) such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of actual notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to shall execute and upon the following paragraph, execute, and receipt of a Company Order requesting authentication its request the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Debentures. 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 Debentures.
Appears in 2 contracts
Samples: Dayton Superior Capital Trust, Dura Automotive Systems Inc
Mutilated, Destroyed, Lost and Stolen Debentures. If (i) any mutilated Debenture is surrendered to the Trustee, or the Company shall execute Company, and the Trustee shall authenticate and make available for delivery in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (i) receives evidence to their its satisfaction of the destruction, loss or theft of any Debenture Debenture, and (ii) there is delivered to the Company and the Trustee such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon its request the Trustee shall authenticate and make available deliver, in exchange for delivery, or in lieu of any such mutilated, destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 2 contracts
Samples: Indenture (Nibco Inc), Nibco Inc
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by themthem to save 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 Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon its request the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 2 contracts
Samples: Indenture (Liberty Group Publishing Inc), Indenture (Liberty Group Publishing Inc)
Mutilated, Destroyed, Lost and Stolen Debentures. If (i) any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to or if the Company and the Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Debenture Debenture, and (ii) there is delivered to the Company and the Trustee such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon its request the Trustee shall authenticate and make available deliver, in exchange for delivery, or in lieu of any such mutilated, destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay or authorize the payment of such Debenture (without surrender thereof except in the case of a mutilated Debenture) if the applicant for such payment shall furnish to the Company (and to the Trustee, if the Trustee is acting at the time as Paying Agent) such security or indemnity as it may require to save it harmless and, in the case of destruction, loss or theft, evidence to the satisfaction of the Company of the destruction, loss or theft of such Debenture and of the ownership thereof. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 2 contracts
Samples: Indenture (Republic Bancshares Inc), Indenture (Republic Bancshares Inc)
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the TrusteeTrustee together with such security or indemnity as may be required by the Company or the Trustee to save each of them harmless, the Company shall execute and the Trustee shall authenticate and make available for delivery in exchange therefor a new Debenture of like tenor and principal amount amount, having the same Original Issue Date and tenor Stated Maturity and bearing the same interest rate as such mutilated Debenture, and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon its request the Trustee shall authenticate and make available for delivery, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like tenor and principal amount amount, having the same Original Issue Date and tenor Stated Maturity and bearing the same interest rate as such destroyed, lost or stolen Debenture and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this SectionSection 3.6, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section 3.6 in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures duly issued hereunder. The provisions of this Section 3.6 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 Debentures.
Appears in 2 contracts
Samples: Gentiva Health Services Inc, Caremark Rx Inc
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the TrusteeTrustee together with such security or indemnity as may be required by the Company or the Trustee to save each of them harmless, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and to the Trustee (ia) evidence to their satisfaction of the destructiondestruc tion, loss or theft of any Debenture Debenture, and (iib) such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of actual notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon a Company Order the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 1 contract
Samples: Big Flower Holdings Inc
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of the same series and of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the IndentureOutstanding. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the mutilation, destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by themthem to save 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 Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon its written request the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of the same series and of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require payment of a sum sufficient to 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 Debenture of any series issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures of that 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 Debentures.
Appears in 1 contract
Samples: Renaissancere Holdings LTD
Mutilated, Destroyed, Lost and Stolen Debentures. If (a) any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to or the Company and the Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Debenture Debenture, and (iib) there is delivered to the Company and the Trustee such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, shall execute, and upon its request the Trustee shall authenticate and make available deliver, in exchange for delivery, or in lieu of any such mutilated, destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (expenses, including the fees and expenses of the Trustee) , connected therewith. Every new Debenture issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Debenture Debentures shall constitute an original original, additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures duly issued hereunder. The provisions of this Section are exclusive and shall preclude (preclude, to the extent lawful) , all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Debentures.
Appears in 1 contract
Samples: Indenture (Meridian Bioscience Inc)
Mutilated, Destroyed, Lost and Stolen Debentures. If (i) any mutilated Debenture or Coupon is surrendered to the Trustee, or the Company shall execute Corporation and the Trustee shall authenticate and make available for delivery in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Debenture or Coupon, and (ii) there is delivered to the Corporation and the Trustee such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of notice to the Company Corporation or the Trustee that such Debenture or Coupon has been acquired by a bona fide purchaser, the Company Corporation shall execute and upon its request the Trustee shall, subject to in the following paragraphcase of a Debenture, execute, and the Trustee shall authenticate and make available deliver, in exchange for delivery, or in lieu of any such mutilated, destroyed, lost or stolen Debenture, a new Debenture of the same series, with appropriate Coupons, if any, attached in the case of Unregistered Debentures (so that neither gain nor loss in interest shall result from such substitution) of like principal amount and tenor and principal amount, bearing a number not contemporaneously outstandingOutstanding, or, in the case of a mutilated, destroyed, lost or stolen Coupon, shall deliver a new Coupon. In case any such mutilated, destroyed, lost or stolen Debenture or Coupon has become or is about to become due and payable, the Company corporation in its discretion may, instead of issuing a new DebentureDebenture or Coupon, pay such DebentureDebenture or Coupon. Upon the issuance of any new Debenture or Coupon under this Section, the Company Corporation may require the payment of a sum sufficient to 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 Debenture or Coupon issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture or Coupon shall constitute an original additional contractual obligation of the CompanyCorporation, whether or not the destroyed, lost or stolen Debenture or Coupon shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures or Coupons 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 DebenturesDebentures or Coupons.
Appears in 1 contract
Samples: Satisfaction And (Alliedsignal Inc)
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the TrusteeTrustee together with such security or indemnity as may be required by the Company or the Trustee to save each of them harmless, the Company shall execute and the Trustee shall authenticate and make available for delivery in exchange therefor a new Debenture of like tenor and principal amount amount, having the same Original Issue Date and tenor Stated Maturity and bearing the same interest rate as such mutilated Debenture, and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon its request the Trustee shall authenticate and make available for delivery, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like tenor and principal amount amount, having the same Original Issue Date and tenor Stated Maturity and bearing the same interest rate as such destroyed, lost or stolen Debenture and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Debentures. 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 Debentures.
Appears in 1 contract
Samples: Indenture (Txi Capital Trust I)
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (iib) such security or indemnity as may be required by themthem to save 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 Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon its request the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by themthem to save 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 Debenture has been acquired by a bona fide protected purchaser, the Company shall, subject to the following paragraph, execute, shall execute and the Trustee Trustee, pursuant to a Company Order, shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this SectionSection 2.13, the Company may require the payment of a sum sufficient to 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 Debenture Debenture, issued pursuant to this Section 2.13 in lieu of any mutilated, destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures duly issued hereunder. The provisions of this Section 2.13 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 Debentures. Each Holder of a Debenture agrees to indemnify the Company and the Trustee against any liability that may result from the transfer, exchange or assignment of such Holder’s Debenture in violation of any provision of this Indenture and/or applicable United States Federal or state securities law. The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Debenture other than to require delivery of such certificates and other documentation or evidence as expressly required by, and to do so if and when expressly required by the terms of, this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the Trustee, together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to save each of them and any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by themthem to save 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 Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, Debenture a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in exchange for any mutilated Debenture or in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 1 contract
Samples: KBK Capital Trust I
Mutilated, Destroyed, Lost and Stolen Debentures. If (i) any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to or if the Company and the Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Debenture Debenture, and (ii) there is delivered to the Company and the Trustee such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon its request the Trustee shall authenticate and make available deliver, in exchange for delivery, or in lieu of any such mutilated, destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay or authorize the payment of such Debenture (without surrender thereof except in the case of a mutilated Debenture) if the applicant for such payment shall furnish to the Company such security or indemnity as it may require to save it harmless and, in the case of destruction, loss or theft, evidence to the satisfaction of the Company of the destruction, loss or theft of such Debenture and of the ownership thereof. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 1 contract
Samples: Indenture (Bankatlantic Bancorp Inc)
Mutilated, Destroyed, Lost and Stolen Debentures. If any ------------------------------------------------ mutilated Debenture is surrendered to the TrusteeTrustee together with such security or indemnity as may be required by the Company or the Trustee to save each of them harmless, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and to the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Debenture Debenture, and (iib) such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of actual notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon a Company Order the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 1 contract
Samples: Trust Agreement (Alcoa Inc)
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the TrusteeTrustee together with such security or indemnity as may be required by the Company or the Trustee to save each of them harmless, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and to the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Debenture Debenture, and (iib) such security or indemnity as may be required by them, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, and the Trustee shall authenticate and make available for delivery, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 1 contract
Samples: Newfield Exploration Co /De/
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the TrusteeTrustee together with such security or indemnity as may be required by the Company or the Trustee to save each of them harmless, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and to the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Debenture Debenture, and (iib) such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of actual notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to shall execute and upon the following paragraph, execute, and receipt of a Company Order requesting authentication its request the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 1 contract
Samples: Newfield Financial Trust Ii
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the TrusteeCompany, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (iI) evidence to their its satisfaction of the destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by themit to save it and any agent harmless, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Debentures. 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 Debentures. Interest Rate Limitation. Each provision in this Debenture is expressly limited so that in no event whatsoever shall the amount paid or otherwise agreed to be paid by the Company for the use, forbearance or detention of the money to be loaned under this Debenture exceed that amount of money which would cause the effective rate of interest to exceed the highest lawful rate of interest that may be charged under applicable law (the “Highest Lawful Rate”), and all amounts owed under this Debenture shall be held to be subject to reduction to the effect that such amounts so paid or agreed to be paid which are for the use, forbearance or detention of money under this Debenture shall in no event exceed an amount of money which would cause the effective rate of interest to exceed the Highest Lawful Rate. Notwithstanding any provision in this Debenture to the contrary, if the maturity of this Debenture is accelerated for any reason or in the event of prepayment of all or any portion of the obligations owing in respect hereof by the Company, earned interest on such obligations of the Company may never exceed the maximum amount permitted by applicable law, and any unearned interest otherwise payable under this Debenture that is in excess of the maximum amount permitted by applicable law shall be cancelled automatically as of the date of such acceleration or prepayment and, if theretofore paid, shall be credited on the principal of this Debenture or, if the principal of this Debenture has been paid in full, refunded to the Company. In determining whether or not the interest paid or payable under any specific contingency exceeds the Highest Lawful Rate, the Company and the holder hereof shall, to the maximum extent permitted by applicable law, amortize, prorate, allocate and spread, in equal parts during the period of the actual term of this Debenture, all interest at any time contracted for, charged or received in connection with this Debenture.
Appears in 1 contract
Samples: Rowan Companies Inc
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (ii) such bond, security or indemnity as may be required by themthem to save 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 Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon its request the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or of stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 1 contract
Samples: Indenture (Maxtor Corp)
Mutilated, Destroyed, Lost and Stolen Debentures. If (i) any mutilated Debenture is surrendered to the TrusteeCompany, the Company shall execute and the Trustee shall authenticate and make available for delivery in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to or the Company and the Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Debenture Debenture, and (ii) there is delivered to. the Company and the Trustee such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon its request the Trustee shall authenticate and make available authenticate, in exchange for delivery, or in lieu of any such mutilated, destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and principal amount, bearing a number not contemporaneously outstanding, which shall be delivered as authorized by the Company. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures duly issued hereunder. The provisions of this Section are exclusive and shall preclude -preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Debentures.
Appears in 1 contract
Samples: Trust Indenture Agreement (SFG Mortgage & Investment Co Inc)
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the TrusteeTrustee together with such security or indemnity as may be required by the Company or the Trustee to save each of them harmless, the Company shall execute and the Trustee shall authenticate and make available for delivery in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and to the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Debenture Debenture, and (iib) such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of actual notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and the Trustee shall authenticate and make available for delivery, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this SectionSection 3.6, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Debentures. The provisions of this Section 3.6 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 Debentures.
Appears in 1 contract
Samples: United Rentals Inc /De
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the TrusteeTrustee together with such security or indemnity as may be required by the Company or the Trustee to save each of them harmless, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and to the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Debenture Debenture, and (iib) such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of actual notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shallshall execute and upon the receipt of a Company Order requesting authentication, subject to the following paragraph, execute, and the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Subordinated Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 1 contract
Samples: Tower Automotive Inc
Mutilated, Destroyed, Lost and Stolen Debentures. If (i) any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to or the Company and the Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Debenture Debenture, and (ii) there is delivered to the Company and the Trustee such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon its request the Trustee shall authenticate and make available deliver, in exchange for delivery, or in lieu of any such mutilated, destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the Trustee, together with, in proper cases, such security or indemnity as may be required by the Company or the Trustee to save each of them and any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture and of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by themthem to save 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 Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Debentures. 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 Debentures.
Appears in 1 contract
Samples: Amcv Capital Trust I
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like tenor and principal amount and tenor at maturity and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by themthem to save 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 Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon its request the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like tenor and principal amount and tenor at maturity and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 1 contract
Samples: Indenture (Oci Holdings Inc)
Mutilated, Destroyed, Lost and Stolen Debentures. If ------------------------------------------------- any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (iib) such security or indemnity as may be required by themthem to save 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 Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon its request the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 1 contract
Samples: Alpha Technologies Group Inc
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like series, tenor and principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon its request the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like series, tenor and principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion maydiscretion, may instead of issuing a new Debenture, may pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the TrusteeTrustee together with such security or indemnity as may be required by the Company or the Trustee to save each of them harmless, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and to the Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Debenture Debenture, and (iib) such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of actual notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon a Company Order its request the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 1 contract
Samples: Host Marriott Corp/Md
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the TrusteeCompany, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like the same principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (i) evidence to their its satisfaction of the destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by themthem to save each of it and any agent harmless, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of a like principal prin cipal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under pursuant to this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute constituted an original additional contractual obligation obli gation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture Agreement equally and proportionately with any and all other DebenturesDeben tures 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 Debentures.
Appears in 1 contract
Samples: Debenture Purchase Agreement (Rockefeller Center Properties Inc)
Mutilated, Destroyed, Lost and Stolen Debentures. If (a) any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to or the Company and the Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Debenture Debenture, and (iib) there is delivered to the Company and the Trustee such security or indemnity as may be required by themthem to save each of them harmless, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shall, subject to shall execute and upon its request the following paragraph, execute, Trustee shall execute and upon its request the Trustee shall authenticate and make available deliver, in exchange for delivery, or in lieu of any such mutilated, destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (expenses, including the fees and expenses of the Trustee) , connected therewith. Every new Debenture issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Debenture Debentures shall constitute an original original, additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Debentures. 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 DebenturesDebentures duly issued hereunder.
Appears in 1 contract
Samples: Indenture (Code Alarm Inc)
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the IndentureOutstanding. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by themthem to save 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 Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstandingOutstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require payment of a sum sufficient to 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 Debenture issued pursuant to this Section 3.06 in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures duly issued hereunder. The provisions of this Section 3.06 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 Debentures.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of the same series and of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by themthem to save 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 Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and upon its request the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of the same series and of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures of that 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 Debentures.
Appears in 1 contract
Samples: Utilicorp United Inc
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (ia) a mutilated Debenture, or (b) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (ii) in either case such security or indemnity as may be required by themeither of them to save 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 Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such mutilated, destroyed, lost or stolen Debenture, a new Debenture of the same series and of like tenor and principal amount and tenor having endorsed thereon a Guarantee duly executed by the Guarantor, and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company or the Trustee may require the payment of a sum sufficient to 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 Debenture of any series issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the CompanyCompany and the Guarantor, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Debentures. 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 Debentures.the
Appears in 1 contract
Samples: Aetna Capital Trust Iv
Mutilated, Destroyed, Lost and Stolen Debentures. If (i) any ------------------------------------------------ mutilated Debenture is surrendered to the Trustee, Company or if the Company shall execute and the Trustee shall authenticate and make available for delivery in exchange therefor a new Debenture of like principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (i) receives evidence to their its satisfaction of the destruction, loss or theft of any Debenture Debentures; and (ii) there is delivered to the Company such security or indemnity as may be required by themit to save it harmless, then, in the absence of notice to the Company or the Trustee that such Debenture has been acquired by a bona fide purchaser, the Company shallshall execute and deliver, subject to the following paragraph, execute, and the Trustee shall authenticate and make available in exchange for delivery, or in lieu of any such mutilated, destroyed, lost or stolen Debenture, a new Debenture of like principal amount and tenor and principal amount, bearing a number not contemporaneously outstanding. In the case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 TrusteeDebenture Registrar) connected therewithherewith. Every new Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture Debentures shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture Debenture Agreement equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by themthem to save 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 Debenture has been acquired by a bona fide protected purchaser, the Company shall, subject to the following paragraph, execute, shall execute and the Trustee Trustee, pursuant to a Company Order, shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Debenture, pay such Debenture. Upon the issuance of any new Debenture under this SectionSection 2.13, the Company may require the payment of a sum sufficient to 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 Debenture Debenture, issued pursuant to this Section 2.13 in lieu of any mutilated, destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures duly issued hereunder. The provisions of this Section 2.13 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 Debentures. Each Holder of a Debenture agrees to indemnify the Company and the Trustee against any liability that may result from the transfer, exchange or assignment of such Holder's Debenture in violation of any provision of this Indenture and/or applicable United States Federal or state securities law. The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Debenture other than to require delivery of such certificates and other documentation or evidence as expressly required by, and to do so if and when expressly required by the terms of, this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Debentures. If any mutilated Debenture is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and make available for delivery deliver in exchange therefor a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding, and such mutilated Debenture shall be canceled by the Trustee in accordance with the Indenture. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Debenture and (ii) such security or indemnity as may be required by themthem to save 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 Debenture has been acquired by a bona fide purchaser, the Company shall, subject to the following paragraph, execute, shall execute and the Trustee shall authenticate and make available for deliverydeliver, in lieu of any such destroyed, lost or stolen Debenture, a new Debenture of like tenor and principal amount and tenor and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Debenture has become matured or is about to become due and payablemature or has been called for redemption in full, or is being surrendered for conversion in full, the Company in its discretion may, instead of issuing a new Debenture, pay the principal of and premium, if any, and interest on such Debenture. Upon the issuance of any new Debenture under this Section, the Company may require the payment of a sum sufficient to 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 Debenture issued pursuant to this Section in lieu of any destroyed, lost or stolen Debenture shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debenture shall be at any time enforceable by anyone, and any such new Debenture shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other DebenturesDebentures 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 Debentures.
Appears in 1 contract
