Mutilated, Destroyed, Lost or Stolen. Trust Certificates 9 Section 3.06. Person Deemed Owner 10 Section 3.07. Access to List of Certificateholders’ Name and Address 10 Section 3.08. Maintenance of Office or Agency 10 Section 3.09. Trust Certificate 10
Mutilated, Destroyed, Lost or Stolen. Trust Securities ----------------------------------------------------- Certificates. If
(a) any mutilated Trust Securities Certificate shall be ------------ surrendered to the Security Registrar, or if the Security Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate and (b) there shall be delivered to the Security Registrar and the Administrative Trustees such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide purchaser, the Administrative Trustees or any one of them on behalf of the Trust shall execute and authenticate and make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section, the Administrative Trustees or the Security Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.
Mutilated, Destroyed, Lost or Stolen. Certificates or Class C ------------------------------------------------------------ Certificates. ------------
(a) any mutilated Certificate or Class C Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate or Class C Certificate, and (b) there is delivered to the Certificate Registrar and the Trustee such security or indemnity as may be required by each to save it harmless, then in the absence of notice to the Certificate Registrar or the Trustee that such Certificate or Class C Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate or Class C Certificate, a new Certificate or Class C Certificate of like tenor and original denomination. Upon the issuance of any new Certificate or Class C Certificate under this Section 9.04, 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 connected therewith. Any duplicate Certificate or Class C Certificate issued pursuant to this Section 9.04 shall constitute complete and indefeasible evidence of ownership of the Percentage Interest, as if originally issued, whether or not the mutilated, destroyed, lost or stolen Certificate or Class C Certificate shall be found at any time.
Mutilated, Destroyed, Lost or Stolen. Certificates. ------------
(a) any mutilated Certificate is surrendered to the Trustee, or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to the Master Servicer and the 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 Trustee that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and Percentage Interest. In connection with the issuance of any new Certificate under this Section 5.03, 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. Any replacement Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Mutilated, Destroyed, Lost or Stolen. Certificates If (a) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class and Percentage Interest but bearing a number not contemporaneously outstanding. Upon the issuance of any new Certificate under this Section, 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 and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Mutilated, Destroyed, Lost or Stolen. Class A-1 Call Option Certificates.
(a) If (i) any Class A-1 Call Option Certificate that has been mutilated is surrendered to the Option Agent, or the Option Agent receives evidence to its satisfaction of the destruction, loss or theft of any Class A-1 Call Option Certificate, and (ii) there is delivered to the Option Agent such security or indemnity as may be required by it to hold it harmless, then, in the absence of notice to the Option Agent that such Class A-1 Call Option Certificate has been acquired by a Protected Purchaser, the Option Agent shall execute on behalf of the Certificateholders holding Class A-1 Certificates, and shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Class A-1 Call Option Certificate, a replacement Class A-1 Call Option Certificate in respect of a like aggregate Certificate Principal Balance of Class A-1 Certificates.
(b) If, after the delivery of a replacement Class A-1 Call Option Certificate in respect of a mutilated, destroyed, lost or stolen Class A-1 Call Option Certificate pursuant to Section 2.7(a), a Protected Purchaser of the original Class A-1 Call Option Certificate in lieu of which such replacement Class A-1 Call Option Certificate was issued exercises such original Class A-1 Call Option Certificate, the Option Agent shall be entitled to recover such replacement Class A-1 Call Option Certificate from the Person to whom it was delivered or any Person taking such replacement Class A-1 Call Option Certificate from such Person to whom such replacement Class A-1 Call Option Certificate was delivered or any assignee of such Person, except a Protected Purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Option Agent in connection with such exercise.
(c) In connection with the issuance of any replacement Class A-1 Call Option Certificate under this Section 2.7, the Option Agent may require the payment by the holder of the Class A-1 Call Option Certificate 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 Option Agent) connected therewith.
(d) Any Class A-1 Call Option Certificate issued pursuant to this Section 2.7 in replacement of any mutilated, destroyed, lost or stolen Class A-1 Call Option Certificate shall be entitled to al...
Mutilated, Destroyed, Lost or Stolen. Certificates or Class C ------------------------------------------------------------ Certificates. ------------
Mutilated, Destroyed, Lost or Stolen. Right Certificates 6 Section 7 Exercise of Rights; Purchase Price; Expiration Date of Rights 6 Section 8 Cancellation and Destruction of Right Certificates 7 Section 9 Reservation and Availability of Preferred Shares 7 Section 10 Preferred Shares Record Date 8 Section 11 Adjustment of Purchase Price, Number of Shares or Number of Rights 8 Section 12 Certificate of Adjusted Purchase Price or Number of Shares 14 Section 13 Consolidation, Merger, Share Exchange or Sale or Transfer of Assets or Earning Power 14 Section 14 Fractional Rights and Fractional Shares 16 Section 15 Rights of Action 17 Section 16 Agreement of Right Holders 17 Section 17 Right Certificate Holder Not Deemed a Shareholder 18 Section 18 Concerning the Rights Agent 18 Section 19 Merger or Consolidation or Change of Name of Rights Agent 19 Section 20 Duties of Rights Agent 19 Section 21 Change of Rights Agent 20 Section 22 Issuance of New Right Certificates 21 Section 23 Redemption 21 Section 24 Exchange 22 Section 25 Notice of Certain Events 23 Section 26 Notices 23 Section 27 Supplements and Amendments 24 Section 28 Successors 24 Section 29 Benefits of this Agreement 24 Section 30 Severability 25 Section 31 Governing Law 25 Section 32 Counterparts 25 Section 33 Descriptive Headings 25 Section 34 Determinations and Actions by the Board of Directors 25 THIS AGREEMENT, dated as of February 10, 2005, between RIDGESTONE FINANCIAL SERVICES, INC., a Wisconsin corporation (the “Company”), and CONTINENTAL STOCK TRANSFER & TRUST COMPANY, a New York corporation (the “Rights Agent”).
Mutilated, Destroyed, Lost or Stolen. Certificates. If
(a) any mutilated Certificate (together, in the case of Bearer ------------ Certificates, with all unmatured Coupons (if any) appertaining thereto) is surrendered to the Transfer Agent and Registrar, or the Transfer Agent and Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there is delivered to the Transfer Agent and Registrar, the Trustee and the Transferor such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Trustee that such Certificate has been acquired by a bona fide purchaser, the Transferor (or the Trustee on behalf of the Trust, if specified in the applicable Supplement) shall execute and the Trustee shall authenticate and the Transfer Agent and Registrar shall deliver (in the case of Bearer Certificates, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and aggregate Undivided Interest, if applicable. In connection with the issuance of any new Certificate under this Section 6.4, the Trustee or the Transfer Agent and Registrar may require the payment by the Certificateholder of a sum sufficient to cover any tax or other governmental expenses (including those incurred by the Trustee or the Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 6.4 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Mutilated, Destroyed, Lost or Stolen. Debt Securities. --------------- In case any temporary or definitive Debt Security shall become mutilated or be destroyed, lost or stolen, the Company shall execute, and upon its written request the Trustee shall authenticate and deliver, a new Debt Security of the same series bearing a number not contemporaneously outstanding, in exchange and substitution for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen. In every case the
