Mutilated, Destroyed, Lost and Stolen Notes. If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Indenture Trustee, or the Issuer and the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (ii) there is delivered to the Issuer and the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Indenture Trustee that such Note has been acquired by a protected purchaser, the Issuer will execute and upon its request the Indenture Trustee will authenticate and deliver (in the case of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, series, class or tranche, Expected Principal Payment Date, Legal Maturity Date and Stated Principal Amount, bearing a number not contemporaneously Outstanding.
Appears in 3 contracts
Samples: Indenture (BA Master Credit Card Trust II), Indenture (BA Master Credit Card Trust II), Indenture (BA Master Credit Card Trust II)
Mutilated, Destroyed, Lost and Stolen Notes. If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, Coupons (if any, ) appertaining thereto) is surrendered to the Indenture Trustee, or the Issuer Obligors' Agent shall execute and the Indenture Trustee receive shall authenticate and deliver in exchange therefor a new Note of the same Series and Tranche, of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Obligors' Agent and the Trustee and the related Series Support Provider, if any (unless an Support Default shall have occurred and be continuing)
(i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and (ii) there is delivered to the Issuer and the Indenture Trustee such security or indemnity as may be required by them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Issuer Obligors' Agent, the Trustee or the Indenture Trustee related Series Support Provider that such Note has been acquired by a protected bona fide purchaser, the Issuer will Obligors' Agent shall execute and upon its request the Indenture Trustee will shall authenticate and deliver make available for delivery (in the case of Bearer Notes, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note (of the same Series and Class) , in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor, series, class or tranche, Expected Principal Payment Date, Legal Maturity Date tenor and Stated Principal Amount, principal amount and bearing a number not contemporaneously Outstandingoutstanding.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. If (i1) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Indenture TrusteeTrustee or the Note Registrar, or the Issuer and Issuer, the Note Registrar or the Indenture Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Note, and (ii2) there is delivered to the Issuer and Issuer, the Note Registrar or the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer Issuer, the Note Registrar or the Indenture Trustee that such Note has been acquired by a protected purchaser, the Issuer will execute and may execute, and, upon its request receipt of the documents required by Section 6.3, together with an Issuer’s Certificate, the Indenture Trustee will authenticate and deliver (in the case of Bearer Notes, outside the United States)deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor, seriesSeries or Class, class or tranche, Expected Principal Payment Date, Legal Stated Maturity Date and Stated Principal AmountInitial Note Balance, bearing a number not contemporaneously Outstanding.
Appears in 1 contract
Mutilated, Destroyed, Lost and Stolen Notes. If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Indenture Trustee, or the Issuer Company shall execute and the Indenture Trustee receive shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount, having endorsed thereon the Senior Subordinated Guarantees extended by the Guarantors and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and (ii) there is delivered to the Issuer and the Indenture Trustee such security or indemnity as may be required by either of them to save each of them, each Guarantor, and any agent of either of them harmless, then, in the absence of notice to the Issuer Company or the Indenture Trustee that such Note has been acquired by a protected bona fide purchaser, the Issuer will Company shall execute and upon its request the Indenture Trustee will shall authenticate and deliver (in the case of Bearer Notesdeliver, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenortenor and principal amount, series, class or tranche, Expected Principal Payment Date, Legal Maturity Date having endorsed thereon the Senior Subordinated Guarantees extended by the Guarantors and Stated Principal Amount, bearing a number not contemporaneously Outstandingoutstanding.
Appears in 1 contract
Samples: Indenture (R H Donnelley Corp)
Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note (together, in the case of Bearer Notes, with all unmatured coupons, if any, appertaining thereto) is surrendered to the Indenture Trustee, or the Issuer shall execute and the Indenture Trustee shall authenticate and deliver in exchange therefor a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding.
(b) If there shall be delivered to the Issuer and the Indenture Trustee receive (i) evidence to their satisfaction of the destruction, loss or theft of any Note, Note and (ii) there is delivered to the Issuer and the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, and any agent of either of them harmless then, in the absence of actual notice to the Issuer or the Indenture Trustee that such Note has been acquired by a protected bona fide purchaser, the Issuer will shall execute and upon its request the Indenture Trustee will shall authenticate and deliver (in the case of Bearer Notesdeliver, outside the United States), in exchange for or in lieu of any such destroyed, lost or stolen Note, a replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding.
(c) In case the final installment of principal on any such mutilated, destroyed, lost or stolen Note has become or will at the next Payment Date become due and payable, the Issuer, in its discretion, may, instead of issuing a replacement Note, a new Note of like tenor, series, class or tranche, Expected Principal Payment Date, Legal Maturity Date and Stated Principal Amount, bearing a number not contemporaneously Outstandingpay such Note.
Appears in 1 contract
Samples: Indenture (Silverleaf Resorts Inc)