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

Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding: (1) If there shall be delivered to the Company and the Trustee (A) evidence to their satisfaction of the destruction, loss or theft of any Note and (B) such security or indemnity as may be required by 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 Note has been acquired by a bona fide purchaser, the Company shall execute and upon its request the Trustee or Authenticating Agent shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding; and (2) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. (b) Upon the issuance of any new Note under this Section 306, 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. (c) Every new Note issued pursuant to this Section 306 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. (d) The provisions of this Section 306 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (ai) If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding: (1) If there shall be delivered to or the Company and the Trustee (A) receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (Bii) there is delivered to the Company and the Trustee such security or indemnity as may be required by 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 Note has been acquired by a bona fide purchaser, the Company shall execute and upon its request receipt of an Authentication Order the Trustee or Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding; and (2) Outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its their discretion may, instead of issuing a new Note, pay such Note. (b) . Upon the issuance of any new Note under this Section 306, 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. (c) . Every new Note issued pursuant to this Section 306 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately ratably with any and all other Notes duly issued hereunder. (d) . The provisions of this Section 306 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (ai) If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding: (1) If there shall be delivered to or the Company and the Trustee (A) receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (Bii) there is delivered to the Company and the Trustee such security or indemnity as may be required by 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 Note has been acquired by a bona fide purchaser, the Company shall execute and upon its request receipt of an Authentication Order the Trustee or Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding; and (2) Outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. (b) . Upon the issuance of any new Note under this Section 306, 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. (c) . Every new Note issued pursuant to this Section 306 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately ratably with any and all other Notes duly issued hereunder. (d) . The provisions of this Section 306 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (a1) If any mutilated Note is surrendered to the Trustee, or (2) the Company shall execute Co-Issuers and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding: (1) If there shall be delivered to the Company and the Trustee (A) receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (B) there is delivered to the Co-Issuers and the Trustee such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company Co-Issuers or the Trustee that such Note has been acquired by a bona fide purchaserProtected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Company Co-Issuers shall execute and upon its request Company Order the Trustee or Authenticating Agent shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding; and (2) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company Co-Issuers in its their discretion may, instead of issuing a new Note, pay such Note. (b) . Upon the issuance of any new Note under this Section 306305, the Company Co-Issuers 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. (c) . Every new Note issued pursuant to this Section 306 305 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the CompanyCo-Issuers and each Guarantor, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. (d) . The provisions of this Section 306 305 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (ai) If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding: or (1ii) If there shall be delivered to the Company and the Trustee (A) receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (B) there is delivered to the Company and the Trustee such security or indemnity as may be required by 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 Note has been acquired by a bona fide purchaser, the Company shall execute and upon its request Company Order the Trustee or Authenticating Agent shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding; and (2) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. (b) . Upon the issuance of any new Note under this Section 306, 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. (c) . Every new Note issued pursuant to this Section 306 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. (d) . The provisions of this Section 306 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor therefore a new replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding:. (1b) If there shall be delivered to the Company and the Trustee (Ai) evidence to their satisfaction of the destruction, loss or theft of any Note and (Bii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of actual notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and upon its request the Trustee or Authenticating Agent shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding; and. (2c) In case the final installment of principal on any such mutilated, destroyed, lost or stolen Note has become or is about to will at the next Payment Date become due and payable, the Company in its discretion may, instead of issuing a new replacement Note, pay such Note. (bd) Upon the issuance of any new replacement Note under this Section 306Section, the Company or the Trustee may require the payment by the Noteholder 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 as a result of the Trustee) connected therewithissuance of such replacement Note. (ce) Every new replacement Note issued pursuant to this Section 306 2.04 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. (df) The provisions of this Section 306 2.04 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a1) If (i) any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding: (1) If there shall be delivered to or the Company and the Trustee (A) receive evidence to their satisfaction of the destruction, loss or theft of any Note and (Bii) there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them harmless from any loss, liability or expense that they may suffer if such Note is replaced and any agent of either of them harmlesssubsequently presented or otherwise claimed for payment, then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide protected purchaser, the Company shall may in its discretion execute and and, upon its request of the Company, the Trustee or Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor tenor, series, Maturity Date, and principal amount and amount, bearing a number not contemporaneously outstanding; and. (2) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. (b3) Upon the issuance of any new Note under this Section 3062.05, the Company may require the payment by the Holder thereof 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. (c4) Every new Note issued pursuant to this Section 306 2.05 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. (d5) The provisions of this Section 306 2.05 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding: at its Corporate Trust Office or (1ii) If there shall be delivered to the Company and the Trustee (A) receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (B) such there is delivered to the Company and the Trustee security or indemnity as may be required by satisfactory to them to save each of them and any agent of either of them Paying Agent harmless, then, in the absence of notice to and neither the Company or nor the Trustee receives notice that such Note has been acquired by a bona fide protected purchaser, then the Company shall execute and upon its request Company Order the Trustee or Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor tenor, form, terms and principal amount and amount, bearing a number not contemporaneously outstanding; andOutstanding, and neither gain nor loss in interest shall result from such exchange or substitution. (2b) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay the amount due on such NoteNote in accordance with its terms. (bc) Upon the issuance of any new Note under this Section 3063.07, the Company may require the payment of a sum sufficient to cover any tax Tax or other governmental charge that may be imposed in relation respect thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. (cd) Every new Note issued pursuant to this Section 306 in lieu of any mutilated, destroyed, lost or stolen Note 3.07 shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. (de) The provisions of this Section 306 3.07 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (a1) If any mutilated Note is surrendered to the Trustee, or (2) the Company shall execute Issuer and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding: (1) If there shall be delivered to the Company and the Trustee (A) receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (B) there is delivered to the Issuer and the Trustee such security or and/or indemnity as may be required by them to save each of them and harmless from any agent of either of them harmlessclaim, loss, cost or liability resulting from such lost or stolen Note, then, in the absence of written notice to the Company Issuer or the Trustee that such Note has been acquired by a bona fide purchaserProtected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Company Issuer shall execute and upon its request Issuer Order the Trustee or Authenticating Agent shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding; and (2) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company Issuer in its discretion may, instead of issuing a new Note, pay such Note. (b) . Upon the issuance of any new Note under this Section 306, the Company Issuer 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. (c) . Every new Note issued pursuant to this Section 306 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the CompanyIssuer and each Guarantor, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. (d) . The provisions of this Section 306 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (a1) If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding: or (12) If there shall be delivered to the Company and the Trustee (A) receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (B) there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each protect the Company, the Trustee, any agent and any authenticating agent from any loss that any of them and any agent of either of them harmlessmay suffer if a Note is replaced, then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaserProtected Purchaser (as defined in Section 8-303 of the UCC) (a “Protected Purchaser”), the Company shall execute and upon its request Company Order the Trustee or Authenticating Agent shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding; and (2) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. (b) . Upon the issuance of any new Note under this Section 306Section, 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. (c) in replacing a Note. Every new Note issued pursuant to this Section 306 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the CompanyCompany and each Guarantor, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. (d) . The provisions of this Section 306 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Trustee, the Company Issuers shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding: (1) . If there shall be delivered to the Company Issuers and the Trustee (Ai) evidence to their satisfaction of the destruction, loss or theft of any Note and (Bii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company Issuers or the Trustee that such Note has been acquired by a bona fide purchaser, the Company Issuers shall execute and upon its request the Trustee or Authenticating Agent shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding; and (2) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company Issuers in its their discretion may, instead of issuing a new Note, pay such Note. (b) . Upon the issuance of any new Note under this Section 3062.06, the Company Issuers 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. (c) . Every new Note of any series issued pursuant to this Section 306 2.06 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the CompanyIssuers, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes of such series duly issued hereunder. (d) . The provisions of this Section 306 2.06 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. If (a1) If any mutilated Note is surrendered to the Trustee, or (2) the Company shall execute Issuer and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding: (1) If there shall be delivered to the Company and the Trustee (A) receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (B) there is delivered to the Issuer and the Trustee such security or indemnity as may be required by them to save each of them and harmless from any agent of either of them harmlessclaim, loss, cost or liability resulting from such lost or stolen Note, then, in the absence of written notice to the Company Issuer or the Trustee that such Note has been acquired by a bona fide purchaserProtected Purchaser (as defined in Section 8-303 of the Uniform Commercial Code) (a “Protected Purchaser”), the Company Issuer shall execute and upon its request Issuer Order the Trustee or Authenticating Agent shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding; and (2) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company Issuer in its discretion may, instead of issuing a new Note, pay such Note. (b) . Upon the issuance of any new Note under this Section 3063.06, the Company Issuer 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. (c) . Every new Note issued pursuant to this Section 306 3.06 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, Issuer and each Guarantor and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. (d) . The provisions of this Section 306 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Trustee, the Company Issuers shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding: (1) . If there shall be delivered to the Company Issuers and the Trustee (Ai) evidence to their satisfaction of the destruction, loss or theft of any Note and (Bii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company Issuers or the Trustee that such Note has been acquired by a bona fide purchaser, the Company Issuers shall execute and upon its request the Trustee or Authenticating Agent shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of the same series and of like tenor and principal amount and bearing a number not contemporaneously outstanding; and (2) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company Issuers in its their discretion may, instead of issuing a new Note, pay such Note. (b) . Upon the issuance of any new Note under this Section 3062.06, the Company Issuers may require the payment of a sum sufficient to cover any tax or taxor other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. (c) . Every new Note of any series issued pursuant to this Section 306 2.06 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the CompanyIssuers, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes of such series duly issued hereunder. (d) . The provisions of this Section 306 2.06 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the TrusteeFiscal Agent, the Company shall execute execute, and the Trustee Fiscal Agent shall authenticate and deliver in exchange therefor therefor, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding: (1) . If there shall be delivered to the Company and the Trustee Fiscal Agent (Ai) evidence to their satisfaction of the destruction, loss or theft of any Note and (Bii) such security or indemnity as may be required by satisfactory to them to save each of them and any agent of either their agents harmless, from any losses or claims incurred in connection with the issuance of them harmlessa new Note, then, in the absence of notice to the Company or the Trustee Fiscal Agent that such Note has been acquired by a bona fide purchaser, the Company shall execute and upon its request the Trustee or Authenticating Fiscal Agent shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding; and (2) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. (b) . Upon the issuance of any new Note under this Section 3062.7, 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 TrusteeFiscal Agent) connected therewith. (c) . Every new Note issued pursuant to this Section 306 2.7 in exchange for any mutilated Note or in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture Agreement equally and proportionately with any and all other Notes duly issued hereunder. (d) . The provisions of this Section 306 2.7 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If Section 3.6(c), Section 3.6(d) and Section 3.6(f) of the Base Indenture shall be superseded in their entirety by Section 3.05(b), and any mutilated Note is surrendered reference in the Base Indenture to such Section 3.6(c), Section 3.6(d) or Section 3.6(f) shall be deemed to refer instead to Section 3.05(b). (b) No service charge shall be imposed by the Company, the Trustee, the Security Registrar or the Paying Agent upon the issuance of any substitute Note as provided in Section 3.6 of the Base Indenture, but the Company may require a Holder to pay a sum sufficient to cover any documentary, stamp or similar issue or transfer tax required in connection therewith as a result of the name of the Holder of the new substitute Note being different from the name of the Holder of the old Note that became mutilated or was destroyed, lost or stolen. In case any Note that has matured or is about to mature or has been surrendered for required repurchase or is about to be converted in accordance with Article 12 shall execute and become mutilated or be destroyed, lost or stolen, the Company may, in its sole discretion, instead of issuing a substitute Note, pay or authorize the payment of or convert or authorize the conversion of the same (without surrender thereof except in the case of a mutilated Note), as the case may be, if the applicant for such payment or conversion shall furnish to the Company, to the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding: (1) If there shall be delivered and, if applicable, to the Company and the Trustee (A) evidence to their satisfaction of the destruction, loss or theft of any Note and (B) such authenticating agent such security or indemnity as may be required by them to save each of them and harmless for any agent of either of them harmlessloss, thenliability, cost or expense caused by or connected with such substitution, and, in the absence every case of notice destruction, loss or theft, evidence satisfactory to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and upon its request the Trustee or Authenticating Agent shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding; and (2) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. (b) Upon the issuance of any new Note under this Section 306, 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. (c) Every new Note issued pursuant to this Section 306 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether the Trustee and, if applicable, any Paying Agent or not Conversion Agent, of the destroyeddestruction, lost loss or stolen theft of such Note and of the ownership thereof. To the extent permitted by law, all Notes shall be at any time enforceable by anyone, held and shall be entitled to all owned upon the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. (d) The express condition that the foregoing provisions of this Section 306 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement replacement, payment, conversion or payment repurchase of mutilated, destroyed, lost or stolen NotesNotes and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement, payment, conversion or repurchase of negotiable instruments or other securities without their surrender.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the TrusteeIssuer, the Company Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of the same series and of like tenor and maximum principal amount and bearing a number not contemporaneously outstanding: (1) . If there shall be delivered to the Company and the Trustee Issuer (Ax) evidence to their the Issuer's satisfaction of the destruction, loss or theft of any Note and (By) such security or indemnity as may be required by them to save each of them hold the Issuer and any agent of either of them its agents, including the Paying Agent and Note Registrar, harmless, then, in the absence of notice to the Company or the Trustee Issuer that such Note has been acquired by a bona fide purchaser, the Company Issuer shall execute and upon its request the Trustee or Authenticating Agent shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of the same series and of like tenor and Aggregate Outstanding Amount and maximum principal amount and bearing a number not contemporaneously outstanding; and (2ii) In in case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company Issuer in its discretion may, instead of issuing a new Note, pay such Note. ; (biii) Upon upon the issuance of any new Note under this Section 306Section, the Company Issuer 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 TrusteeNote Registrar) connected therewith. ; (civ) Every every new Note issued pursuant to this Section 306 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture Agreement equally and proportionately with any and all other Notes duly issued hereunder. ; (dv) The the provisions of this Section 306 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) i. If any mutilated Note is surrendered to the TrusteeAgent, the Company Borrower shall execute and deliver (through the Trustee shall authenticate and deliver Agent) in exchange therefor a new Note of like class and tenor and principal amount and bearing a number not contemporaneously outstanding:. (1) ii. If there shall be delivered to the Company Borrower and the Trustee Agent prior to the payment of the Note (Ai) evidence to their satisfaction of the destruction, loss or theft of any Note and (Bii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company Borrower or the Trustee Agent that such Note has been acquired by a bona fide purchaser, the Company Borrower shall execute and upon its request deliver (through the Trustee or Authenticating Agent shall authenticate and deliverAgent), in lieu of any such destroyed, lost or stolen Note, a new Note of like class, tenor and principal amount and bearing a number not contemporaneously outstanding; and (2) In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. (b) iii. Upon the issuance of any new Note under this Section 30616.6, the Company Borrower may require the payment from the transferor holder 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. (c) iv. Every new Note issued pursuant to this Section 306 16.6 and in accordance with the provisions of this Agreement, in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the CompanyBorrower, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture Agreement equally and proportionately with any and all other Notes duly issued hereunder. (d) v. The provisions of this Section 306 16.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of a mutilated, destroyed, lost or stolen NotesNote.

Mutilated, Destroyed, Lost and Stolen Notes. If (a1) If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding: or (12) If there shall be delivered to the Company and the Trustee (A) receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (B) there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each protect the Company, the Trustee, any agent and any authenticating agent from any loss that any of them and any agent of either of them harmlessmay suffer if a Note is replaced, then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaserProtected Purchaser (as defined in Section 8-303 of the UCC) (a “Protected Purchaser”), the Company shall execute and upon its request Company Order the Trustee or Authenticating Agent shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding; and (2) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. (b) . Upon the issuance of any new Note under this Section 306305, 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. (c) in replacing a Note. Every new Note issued pursuant to this Section 306 305 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the CompanyCompany and each Guarantor, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. (d) . The provisions of this Section 306 305 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of the same series and Tranche and of like tenor and principal amount and bearing a number not contemporaneously outstanding: (1) . If there shall be delivered to the Company and the Trustee (Ai) evidence to their satisfaction of the destruction, loss or theft of any Note and (Bii) such security or indemnity as may be required by 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 Note has been acquired by a bona fide purchaser, the Company shall execute and upon its request the Trustee or Authenticating Agent shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of the same series and Tranche and of like tenor and principal amount and bearing a number not contemporaneously outstanding; and (2) . In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. (b) . Upon the issuance of any new Note under this Section 306Section, 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. (c) . Every new Note of any series, or any Tranche thereof, issued pursuant to this Section 306 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes of that series and Tranche duly issued hereunder. (d) . The provisions of this Section 306 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor therefore a new replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding:. (1b) If there shall be delivered to the Company and the Trustee (Ai) evidence to their satisfaction of the destruction, loss or theft of any Note and (Bii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, harmless then, in the absence of actual notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and upon its request the Trustee or Authenticating Agent shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new replacement Note of like tenor and principal amount and bearing a number not contemporaneously outstanding; and. (2c) In case the final installment of principal on any such mutilated, destroyed, lost or stolen Note has become or is about to will at the next Payment Date become due and payable, the Company in its discretion may, instead of issuing a new replacement Note, pay such Note. (bd) Upon the issuance of any new replacement Note under this Section 306Section, the Company or the Trustee may require the payment by the Noteholder 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 as a result of the Trustee) connected therewithissuance of such replacement Note. (ce) Every new replacement Note issued pursuant to this Section 306 2.04 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. (df) The provisions of this Section 306 2.04 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 Notes.

Mutilated, Destroyed, Lost and Stolen Notes. (a) If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note Note, of like tenor and principal amount and bearing a number not contemporaneously outstanding: (1) . If there shall be delivered to the Company and the Trustee (Aa) evidence to their satisfaction of the ownership of and the destruction, loss or theft of any Note and (Bb) such security or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company Company, the Parent, or the Trustee that such Note has been acquired is held by a bona fide purchaserPerson purporting to be the owner of such Note, the Company shall execute and upon its request the Trustee or Authenticating Agent shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding; and (2) In . Notwithstanding the foregoing, in case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. (b) . Upon the issuance of any new Note under this Section 3062.08, 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 reasonable expenses (including the fees and expenses of the Trustee) connected therewith. (c) . Every new Note issued pursuant to this Section 306 2.08 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the CompanyCompany and the Parent, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyoneanyone other than the Holder of such new Note, and any such new Note shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. (d) . The provisions of this Section 306 2.08 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 Notes.