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

Mutilated, Destroyed, Lost and Stolen Senior Notes. If (a) any mutilated Senior Note is surrendered to the Trustee or (b) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Senior Note, and 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 them harmless, then, in the absence of notice to the Company or the Trustee that such Senior Note has been acquired by a bona fide purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and deliver, in exchange for any such mutilated Senior Note or in lieu of any such destroyed, lost or stolen Senior Note, a replacement Senior Note of like tenor and principal amount, and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Senior Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a replacement Senior Note, pay such Senior Note. Upon the issuance of any replacement Senior Notes under this Section, the Company may require the payment of a sum sufficient to pay all documentary, stamp or similar issue or transfer taxes or other governmental charges that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every replacement Senior Note issued pursuant to this Section in lieu of any destroyed, lost or stolen Senior Note shall constitute a contractual obligation of the Company, whether or not the destroyed, lost or stolen Senior Note shall be at any time enforceable by anyone, and shall be entitled to all benefits of this Indenture equally and proportionately with any and all other Senior Notes 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 Senior Notes.

Mutilated, Destroyed, Lost and Stolen Senior Notes. If (a) any mutilated Senior Note is surrendered to the Trustee, the Company shall execute and the Trustee or (b) shall authenticate and make available for delivery in exchange therefor a new Senior Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee receive (i) evidence to their satisfaction of the destruction, loss or theft of any Senior Note, Note and there is delivered to the Company and the Trustee (ii) 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 Senior Note has been acquired by a bona fide purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Senior Note or in lieu of any such destroyed, lost or stolen Senior Note, a replacement new Senior Note of like tenor and principal amount, amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Senior Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a replacement new Senior Note, pay such Senior Note. Upon the issuance of any replacement new Senior Notes Note under this Section, the Company may require the payment of a sum sufficient to pay all documentary, stamp or similar issue or transfer taxes cover any tax or other governmental charges charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every replacement new Senior Note issued pursuant to this Section in lieu of any destroyed, lost or stolen Senior Note shall constitute a an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Senior 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 Senior Notes 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 Senior Notes.

Mutilated, Destroyed, Lost and Stolen Senior Notes. If (a) any mutilated Senior Note is surrendered to the Trustee Trustee, or (b) the Company Issuer and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Senior Note, and there is delivered to the Company Issuer and the Trustee Trustee, such security or indemnity indemnity, in each case, as may be required by them to save each of them and any agent of them harmless, then, in the absence of notice to the Company Issuer or the Trustee that such Senior Note has been acquired by a bona fide purchaser, the Company Issuer shall execute and upon Company Order its written request the Trustee shall authenticate and deliver, in exchange for any such mutilated Senior Note or in lieu of any such destroyed, lost or stolen Senior Note, a replacement Senior Note of like tenor and principal amount, and bearing a number not contemporaneously outstandingOutstanding. In case any such mutilated, destroyed, lost or stolen Senior Note has become or is about to become due and payable, the Company Issuer in its discretion may, instead of issuing a replacement Senior Note, pay such Senior Note. Upon the issuance of any replacement Senior Notes under this Section, the Company Issuer may require the payment of a sum sufficient to pay all documentary, stamp or similar issue or transfer taxes or other governmental charges that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every replacement Senior Note issued pursuant to this Section in lieu of any destroyed, lost or stolen Senior Note shall constitute a an original additional contractual obligation of the CompanyIssuer, the Partnership and any other obligor under the Senior Notes, whether or not the destroyed, lost or stolen Senior Note shall be at any time enforceable by anyone, and shall be entitled to all benefits of this Indenture equally and proportionately with any and all other Senior Notes 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 Senior Notes.

Mutilated, Destroyed, Lost and Stolen Senior Notes. If (ai) any mutilated Senior Note is surrendered to the Trustee or (bii) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Senior NoteNotes, and 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 them harmless, then, in the absence of notice to the Company or the Trustee that such Senior Note has been acquired by a bona fide purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and deliver, in exchange for any such mutilated Senior Note or in lieu of any such destroyed, lost or stolen Senior Note, a replacement new Senior Note of like tenor and principal amount, and amount bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Senior Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a replacement new Senior Note, pay such Senior Note. Upon the issuance of any replacement new Senior Notes Note under this Section, the Company may require the payment of a sum sufficient to pay all documentary, stamp or similar issue or transfer taxes cover any tax or other governmental charges charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every replacement new Senior Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Senior Note Security shall constitute a an original additional contractual obligation of the Company, Company whether or not the mutilated, destroyed, lost or stolen Senior Note shall be at any time enforceable by anyone, and shall be entitled to all benefits of this Indenture equally and proportionately with any and all other Senior Notes 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 Senior NotesSecurities.

Mutilated, Destroyed, Lost and Stolen Senior Notes. If (a) any mutilated Senior Note is surrendered to the Trustee Registrar (in the case of Definitive Registered Senior Notes) or the Paying Agent (bin the case of Global Senior Notes), the Issuer may execute, and upon receipt of an Issuer Order, the Paying Agent shall authenticate and deliver in exchange therefor a new Senior Note containing identical terms and provisions and of like amount, and bearing a serial number not contemporaneously outstanding. If there shall be delivered to the Issuer (1) the Company and the Trustee receive evidence to their its satisfaction of the destruction, loss or theft of any Senior Note, Note and there is delivered to the Company and the Trustee (2) such security or indemnity as may be required by them it to save each of them ensure that it and any agent of them harmlessits agents are held harmless against any loss that it may suffer or incur as a result of the issue of a new Senior Note pursuant to this paragraph, then, in the absence of notice to the Company or the Trustee Issuer that such Senior Note has been acquired by a bona fide purchaser, the Company Issuer shall execute execute, and upon Company Order receipt of an Issuer Order, the Trustee Paying Agent shall authenticate and deliver, in exchange for any such mutilated Senior Note or deliver in lieu of any such destroyed, lost or stolen Senior Note, a replacement new Senior Note containing identical terms and provisions and of like tenor and principal amount, and bearing a serial number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Senior Note has become or is about to become due and payable, the Company Issuer in its discretion may, instead of issuing a replacement new Senior Note, pay such Senior Note. Upon the issuance of any replacement new Senior Notes Note under this SectionSection 2.07, the Company Issuer may require the payment of a sum sufficient to pay all documentary, stamp or similar issue or transfer taxes cover any tax or other governmental charges charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the TrusteePaying Agent) connected therewith. Every replacement new Senior Note issued pursuant to this Section 2.07 in lieu of any destroyed, lost or stolen Senior Note shall constitute a an original additional contractual obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Senior 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 Senior Notes duly issued hereunder. The provisions of this Section 2.07 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 Senior Notes.

Mutilated, Destroyed, Lost and Stolen Senior Notes. If (a) any mutilated Senior Note is surrendered to the Trustee Registrar (in the case of Registered Definitive Senior Notes) or the Paying Agent (bin the case of Global Senior Notes), the Issuer may execute, and upon receipt of an Issuer Order, the Paying Agent shall authenticate and deliver in exchange therefor a new Senior Note containing identical terms and provisions and of like amount, and bearing a serial number not contemporaneously outstanding. If there shall be delivered to the Issuer (1) the Company and the Trustee receive evidence to their its satisfaction of the destruction, loss or theft of any Senior Note, Note and there is delivered to the Company and the Trustee (2) such security or indemnity as may be required by them it to save each of them ensure that it and any agent of them harmlessits agents are held harmless against any loss that it may suffer or incur as a result of the issue of a new Senior Note pursuant to this paragraph, then, in the absence of notice to the Company or the Trustee Issuer that such Senior Note has been acquired by a bona fide purchaser, the Company Issuer shall execute execute, and upon Company Order receipt of an Issuer Order, the Trustee Paying Agent shall authenticate and deliver, in exchange for any such mutilated Senior Note or deliver in lieu of any such destroyed, lost or stolen Senior Note, a replacement new Senior Note containing identical terms and provisions and of like tenor and principal amount, and bearing a serial number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Senior Note has become or is about to become due and payable, the Company Issuer in its discretion may, instead of issuing a replacement new Senior Note, pay such Senior Note. Upon the issuance of any replacement new Senior Notes Note under this SectionSection 2.07, the Company Issuer may require the payment of a sum sufficient to pay all documentary, stamp or similar issue or transfer taxes cover any tax or other governmental charges charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the TrusteePaying Agent) connected therewith. Every replacement new Senior Note issued pursuant to this Section 2.07 in lieu of any destroyed, lost or stolen Senior Note shall constitute a an original additional contractual obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Senior 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 Senior Notes duly issued hereunder. The provisions of this Section 2.07 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 Senior Notes.

Mutilated, Destroyed, Lost and Stolen Senior Notes. If (ai) any mutilated Senior Note is surrendered to the Trustee or the Registrar, or (bii) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Senior Note, and 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 them harmless, then, in the absence of notice to the Company or the Trustee that such Senior Note has been acquired by a bona fide purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and deliver, in exchange for any such mutilated Senior Note or in lieu of any such destroyed, lost or stolen Senior Note, a replacement new Senior Note of like tenor and principal amount, and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Senior Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a replacement Senior new Note, pay such Senior Note. Upon the issuance of any replacement new Senior Notes Note under this Section, the Company may require the payment of a sum sufficient to pay all documentary, stamp or similar issue or transfer taxes cover any tax or other governmental charges charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every replacement new Senior Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Senior Note shall constitute a an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Senior Note shall be at any time enforceable by anyone, and shall be entitled to all benefits of this Indenture equally and proportionately with any and all other Senior Notes 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 Senior Notes.

Mutilated, Destroyed, Lost and Stolen Senior Notes. If (a) any mutilated Senior Note is surrendered to the Trustee or (b) Trustee, the Company Issuer shall execute and upon the Issuer's request the Trustee receive shall authenticate and deliver by first class mail at the risk and expense of the transferee in exchange therefor a new Senior Note of like tenor and equal principal amount registered in the same manner, dated the date of its authentication, and bearing interest from the date to which interest has been paid on such Senior Note. If there shall be delivered to the Issuer or the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Senior Note, Note and there is delivered to the Company and the Trustee (ii) such security or indemnity as may be required by them to save each of them and the Company and any agent of any of them harmless, then, in the absence of notice to the Company Issuer or the Trustee that such Senior Note has been acquired by a bona fide purchaser, the Company Issuer shall execute and upon Company Order its request the Trustee shall authenticate and deliver, in exchange for any such mutilated Senior Note or in lieu of any such destroyed, lost or stolen Senior Note, a replacement new Senior Note of like tenor and principal amount, amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Senior Note has become or is about to become due and payable, the Company Issuer in its discretion may, instead of issuing a replacement new Senior Note, pay such Senior Note. Upon No service charge shall be made for the issuance of any replacement new Senior Notes Note under this Section, but the Company Issuer may require the payment of a sum sufficient to pay all documentary, stamp or similar issue or transfer taxes cover any tax or other governmental charges charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every replacement new Senior Note issued pursuant to this Section in lieu of any destroyed, lost or stolen Senior Note shall constitute a an original additional contractual obligation of the CompanyIssuer, whether or not the destroyed, lost or stolen Senior 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 Senior Notes duly issued hereunder. All expenses and reasonable charges associated with procuring any such security or indemnity and with the preparation, execution, authentication, and delivery of any such replacement Senior Note shall be borne by the person requesting the delivery of such replacement Senior Note. 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 Senior Notes.

Mutilated, Destroyed, Lost and Stolen Senior Notes. If (a) any mutilated Senior Note is surrendered to the Trustee Trustee, or (b) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Senior Note, and 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 them harmless, then, in the absence of notice to the Company or the Trustee that such Senior Note has been acquired by a bona fide purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and deliver, in exchange for any such mutilated Senior Note or in lieu of any such destroyed, lost or stolen Senior Note, a replacement new Senior Note of like tenor and principal amount, and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Senior Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a replacement new Senior Note, pay such Senior Note. Upon the issuance of any replacement new Senior Notes Note under this Section, the Company may require the payment of a sum sufficient to pay all documentary, stamp or similar issue or transfer taxes cover any tax or other governmental charges charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every replacement new Senior Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Senior Note shall constitute a an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Senior Note shall be at any time enforceable by anyone, and shall be entitled to all benefits of this Indenture equally and proportionately with any and all other Senior Notes 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 Senior Notes.

Mutilated, Destroyed, Lost and Stolen Senior Notes. If (a) any mutilated Senior Note is surrendered to the Trustee, subject to the provisions of this Section 210, the Company will execute and the Trustee or (b) will authenticate and deliver in exchange therefor a new Senior Note of the same Series containing identical terms and of like principal amount and bearing a number not contemporaneously outstanding. If there be delivered to the Company and to the Trustee receive (i) evidence to their satisfaction of the destruction, loss or theft of any Senior Note, and there is delivered to the Company and the Trustee (ii) 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 Senior Note has been acquired by a bona fide purchaser, the Company shall will execute and and, upon Company Order the Company’s request the Trustee shall will authenticate and deliver, in exchange for any such mutilated Senior Note or in lieu of any such destroyed, lost or stolen Senior Note, a replacement new Senior Note of the same Series containing identical terms and of like tenor and principal amount, amount and bearing a number not contemporaneously outstanding. In Notwithstanding the foregoing provisions of this Section 210, in case the outstanding principal balance of any such mutilated, destroyed, lost or stolen Senior Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a replacement new Senior Note, pay such Senior Note. Upon the issuance of any replacement new Senior Notes Note under this Section, the Company may require the payment of a sum sufficient to pay all documentary, stamp or similar issue or transfer taxes cover any tax or other governmental charges charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every replacement new Senior Note issued pursuant to in accordance with this Section in lieu of any destroyed, lost or stolen Senior Note shall will constitute a contractual separate obligation of the Company, whether or not the destroyed, lost or stolen Senior Note shall will be at any time enforceable by anyone, and shall will be entitled to all the benefits of this Indenture equally and proportionately with any and all other Senior Notes of the same Series duly issued hereunder. The provisions of this Section are Section, as amended or supplemented in accordance with this Indenture with respect to particular Senior Notes or generally, will (to the extent lawful) be exclusive and shall will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Senior Notes.