Common use of Mutilated, Destroyed, Lost or Stolen Bonds Clause in Contracts

Mutilated, Destroyed, Lost or Stolen Bonds. In case any certificated Bond shall become mutilated or be destroyed, lost or stolen, the Company (subject to the next succeeding sentence) shall execute, and upon the Company’s request the Trustee (subject as aforesaid) shall authenticate and deliver, a new Bond bearing a number not contemporaneously outstanding, in exchange and substitution for the mutilated Bond, or in lieu of and in substitution for the Bond so destroyed, lost or stolen. In every case the applicant for a substituted Bond shall furnish to the Company and the Trustee such security or indemnity as may be required by them to save each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company and the Trustee evidence to their satisfaction of the destruction, loss or theft of the applicant’s Bond and of the ownership thereof. The Trustee may authenticate any such substituted Bond and deliver the same upon the written request or authorization of any officer of the Company. Upon the issuance of any substituted Bond, 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. In case any Bond that has matured or is about to mature shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Bond, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Bond) if the applicant for such payment shall furnish to the Company and the Trustee such security or indemnity as they may require to save them harmless, and, in case of destruction, loss or theft, evidence to the satisfaction of the Company and the Trustee of the destruction, loss or theft of such Bond and of the ownership thereof. Every replacement Bond issued pursuant to the provisions of this Section shall constitute an additional contractual obligation of the Company whether or not the mutilated, destroyed, lost or stolen Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. All Bonds shall be held and owned upon the express condition that the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds, and shall preclude (to the extent lawful) any and all other rights or remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Destroyed, Lost or Stolen Bonds. In case any certificated Bond shall become mutilated or be destroyed, lost or stolen, the Company (subject to the next succeeding sentence) shall execute, and upon the Company’s request the Trustee (subject as aforesaid) shall authenticate and deliver, a new Bond bearing a number not contemporaneously outstanding, in exchange and substitution for the mutilated Bond, or in lieu of and in substitution for the Bond so destroyed, lost or stolen. In every case the applicant for a substituted Bond shall furnish to the Company and the Trustee such security or indemnity as may be required by them to save each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company and the Trustee evidence to their satisfaction of the destruction, loss or theft of the applicant’s Bond and of the ownership thereof. The Trustee may authenticate any such substituted Bond and deliver the same upon the written request or authorization of any officer of the Company. Upon the issuance of any substituted Bond, 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. In case any Bond that has matured or is about to mature shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Bond, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Bond) if the applicant for such payment shall furnish to the Company and the Trustee such security or indemnity as they may require to save them harmless, and, in case of destruction, loss or theft, evidence to the satisfaction of the Company and the Trustee of the destruction, loss or theft of such Bond and of the ownership thereof. Every replacement Bond issued pursuant to the provisions of this Section shall constitute an additional contractual obligation of the Company whether or not the mutilated, destroyed, lost or stolen Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. All Bonds shall be held and owned upon the express condition that the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds, and shall preclude (to the extent lawful) any and all other rights or remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Destroyed, Lost or Stolen Bonds. In case any certificated Bond shall become mutilated or be destroyed, lost or stolen, the Company (subject to the next succeeding sentence) shall in its discretion may execute, and upon the Company’s its written request the Trustee (subject as aforesaid) or an authenticating agent appointed by the Trustee shall authenticate and deliver, a new Bond Bond, bearing a registration number not contemporaneously outstanding, in exchange and substitution for the mutilated Bond, or in lieu of and in substitution for the Bond so destroyed, lost or stolen. In every case the applicant for a substituted Bond shall furnish to the Company and Company, to the Guarantor, to the Trustee and, if applicable, to such security or authenticating agent an indemnity as may be required by them bond that is sufficient in the judgment of the Company, to the Guarantor, to the Trustee and, if applicable, to such authenticating agent to save each of them harmlessharmless from any loss, liability, cost or expense caused by or connected with such substitution, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company and Company, to the Guarantor, to the Trustee and, if applicable, to such authenticating agent evidence to their satisfaction of the destruction, loss or theft of the applicant’s such Bond and of the ownership thereof. The Trustee or such authenticating agent may authenticate any such substituted Bond and deliver the same upon the written request or authorization receipt of any officer of such indemnity bond as the Trustee, the Company, the Guarantor and, if applicable, such authenticating agent may require. Upon No service charge shall be imposed by the Company, the Guarantor, the Trustee, the Bond Registrar, any co-Bond Registrar or the Paying Agent upon the issuance of any substituted substitute Bond, but the Company may require the payment of a Holder to pay a sum sufficient to cover any documentary, stamp or similar issue or transfer tax or other similar governmental charge that required by law in connection therewith. In addition, the Company may be imposed in relation thereto and any other charge for its expenses (including the fees and expenses of the Trustee) connected therewithin replacing a Bond. In case any Bond that has matured or is about to mature or has been surrendered for required repurchase or is about to be exchanged in accordance with Article 14 shall become mutilated or be destroyed, lost or stolen, the Company may, in its sole discretion, instead of issuing a substitute Bond, pay or authorize the payment of or exchange or authorize the exchange of the same (without surrender thereof except in the case of a mutilated Bond) ), as the case may be, if the applicant for such payment or exchange shall furnish to the Company and Company, to the Trustee and, if applicable, to such security or authenticating agent such indemnity as they may require bond that is sufficient in the judgment of the Company, to the Guarantor, to the Trustee and, if applicable, to such authenticating agent to save each of them harmlessharmless for any loss, liability, cost or expense caused by or connected with such substitution, and, in every case of destruction, loss or theft, evidence satisfactory to the satisfaction of the Company and Company, the Trustee and, if applicable, any Paying Agent or Exchange Agent evidence of their satisfaction of the destruction, loss or theft of such Bond and of the ownership thereof. Every replacement substitute Bond issued pursuant to the provisions of this Section 2.06 by virtue of the fact that any Bond is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company Company, whether or not the mutilated, destroyed, lost or stolen Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of (but shall be subject to all the limitations set forth in) this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. All To the extent permitted by law, all Bonds shall be held and owned upon the express condition that the foregoing provisions are exclusive with respect to the replacement replacement, payment, exchange or payment repurchase of mutilated, destroyed, lost or stolen Bonds, Bonds and shall preclude (to the extent lawful) any and all other rights or remedies, remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement replacement, payment, exchange or payment repurchase of negotiable instruments or other securities without their surrender.

Mutilated, Destroyed, Lost or Stolen Bonds. In case any certificated Bond shall become mutilated or be destroyed, lost or stolen, the Company (subject to the next succeeding sentence) shall execute, and upon the Company’s 's request the Trustee (subject as aforesaid) shall authenticate and deliver, a new Bond bearing a number not contemporaneously outstanding, in exchange and substitution for the mutilated Bond, or in lieu of and in substitution for the Bond so destroyed, lost or stolen. In every case the applicant for a substituted Bond shall furnish to the Company and the Trustee such security or indemnity as may be required by them to save each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company and the Trustee evidence to their satisfaction of the destruction, loss or theft of the applicant’s 's Bond and of the ownership thereof. The Trustee may authenticate any such substituted Bond and deliver the same upon the written request or authorization of any officer of the Company. Upon the issuance of any substituted Bond, 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. In case any Bond that has matured or is about to mature shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Bond, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Bond) if the applicant for such payment shall furnish to the Company and the Trustee such security or indemnity as they may require to save them harmless, and, in case of destruction, loss or theft, evidence to the satisfaction of the Company and the Trustee of the destruction, loss or theft of such Bond and of the ownership thereof. Every replacement Bond issued pursuant to the provisions of this Section shall constitute an additional contractual obligation of the Company whether or not the mutilated, destroyed, lost or stolen Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. All Bonds shall be held and owned upon the express condition that the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds, and shall preclude (to the extent lawful) any and all other rights or remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Destroyed, Lost or Stolen Bonds. In case the event any certificated Bond shall become mutilated or be temporary Bond is mutilated, lost, stolen or destroyed, lost or stolen, the Company (subject to the next succeeding sentence) shall execute, and upon the Company’s request the Trustee (subject as aforesaid) shall Paying Agent may authenticate and deliver, a new Bond bearing a number not contemporaneously outstandingduly executed by the Authority of like date and denomination as that mutilated, lost, stolen or destroyed; provided that, in exchange and substitution for the case of any mutilated Bond, or in lieu of such mutilated Bond shall first be surrendered to the Paying Agent, and in substitution for the Bond so destroyedcase of any lost, lost stolen or stolendestroyed Bond, there shall be first furnished to the Paying Agent evidence of such loss, theft or destruction satisfactory to the Paying Agent, together with indemnity to the Authority and the Paying Agent satisfactory to them. In every case the applicant for a substituted event any such Bond shall furnish to the Company and the Trustee such security or indemnity as may be required by them to save each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company and the Trustee evidence to their satisfaction of the destruction, loss or theft of the applicant’s Bond and of the ownership thereof. The Trustee may authenticate any such substituted Bond and deliver the same upon the written request or authorization of any officer of the Company. Upon the issuance of any substituted Bond, 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. In case any Bond that has matured or is about to mature shall become mutilated or be destroyed, lost or stolen, the Company mayhave matured, instead of issuing a substitute duplicate Bond, pay or authorize the payment Paying Agent on behalf of the Authority may pay the same (without surrender thereof except thereof. The Authority and the Paying Agent may charge the Bondowner with their reasonable fees and expenses in this connection. The Authority shall cooperate with the case Paying Agent in connection with the issue of replacement Bonds, but nothing in this section shall be construed in derogation of any rights which the Authority, the Company or the Paying Agent may have to receive indemnification against liability, or payment or reimbursement of expenses, in connection with the issue of a mutilated replacement Bond) if the applicant for such payment shall furnish to the Company and the Trustee such security or indemnity as they may require to save them harmless, and, in case of destruction, loss or theft, evidence to the satisfaction of the Company and the Trustee of the destruction, loss or theft of such Bond and of the ownership thereof. Every replacement Bond issued pursuant to the provisions of this Section shall constitute an additional contractual obligation of the Company whether or not the mutilated, destroyed, lost or stolen Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. All Bonds shall be held and owned upon the express condition that the foregoing provisions are are, to the extent permitted by law, exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds, and shall preclude (to the extent lawful) any and all other rights or remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Destroyed, Lost or Stolen Bonds. In case If (a) any certificated mutilated Bond shall become mutilated or be destroyed, lost or stolen, the Company (subject is surrendered to the next succeeding sentence) shall execute, and upon the Company’s request the Trustee (subject as aforesaid) shall authenticate and deliver, a new Bond bearing a number not contemporaneously outstanding, in exchange and substitution for the mutilated BondIndenture Trustee, or in lieu of and in substitution for the Bond so destroyed, lost or stolen. In every case the applicant for a substituted Bond shall furnish to the Company and the Indenture Trustee such security or indemnity as may be required by them to save each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company and the Trustee receives evidence to their its reasonable satisfaction of the destruction, loss or theft of any Bond, and (b) in the applicant’s case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Indenture Trustee, and in the case of any destroyed, lost or stolen Bond, the ownership thereof. The Bondholder shall have first delivered to the Indenture Trustee and the Servicer such security or indemnity as may be reasonably required by it to hold the Indenture Trustee and the Servicer harmless, then, in the absence of notice to the Indenture Trustee that such Bond has been acquired by a bona fide purchaser, the Indenture Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such substituted mutilated, destroyed, lost or stolen Bond, a new Bond of like tenor and deliver the same upon the written request or authorization of any officer of the Companyaggregate principal amount, bearing a number not contemporaneously outstanding. Upon the issuance of any substituted Bondnew Bond under this Section 3.05, the Company may require the payment of a sum sufficient to cover Bondholder shall be responsible for any tax or other governmental charge that may be imposed in relation thereto and thereto, but the Indenture Trustee will not charge any other expenses (including the fees and expenses of the Trustee) connected therewith. In case any Bond that has matured or is about to mature shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Bond, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Bond) if the applicant for such payment shall furnish to the Company and the Trustee such security or indemnity as they may require to save them harmless, and, in case of destruction, loss or theft, evidence to the satisfaction of the Company and the Trustee of the destruction, loss or theft of such Bond and of the ownership thereoffee. Every replacement new Bond issued pursuant to the provisions of this Section shall constitute an additional contractual obligation 3.05 in exchange for or in lieu of the Company whether or not the any mutilated, destroyed, lost or stolen Bond shall be found at any time, or be enforceable by anyoneconstitute an original additional contractual obligation of the Issuer, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Bonds of the same Class duly issued hereunderhereunder and such mutilated, destroyed, lost or stolen Bond shall not be valid for any purpose. All Bonds shall be held and owned upon the express condition that the foregoing The provisions of this Section 3.05 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 Bonds, and shall preclude (to the extent lawful) any and all other rights or remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Destroyed, Lost or Stolen Bonds. In case If any certificated mutilated Bond shall become mutilated or be destroyed, lost or stolenis surrendered to the Trustee, the Company (subject to the next succeeding sentence) Issuer shall execute, and upon the Company’s request the Trustee (subject as aforesaid) shall authenticate and deliverdeliver in exchange therefor, a new Bond of like tenor and principal amount and bearing a number not contemporaneously outstandingOutstanding. If there be delivered to the Issuer and the Trustee (1) evidence to their satisfaction of the destruction, in exchange and substitution for the mutilated loss or theft of any Bond, or in lieu of and in substitution for the Bond so destroyed, lost or stolen. In every case the applicant for a substituted Bond shall furnish to the Company and the Trustee and (2) such security or indemnity as may be required by them to save each of them and any agent of each of them harmless, andthen, in every case the absence of destruction, loss notice to the Issuer or theftthe Trustee that such Bond has been acquired by a bona fide purchaser, the applicant Issuer shall also furnish to the Company execute, and upon its request the Trustee evidence to their satisfaction shall authenticate and deliver, in lieu of the destruction, loss or theft of the applicant’s Bond and of the ownership thereof. The Trustee may authenticate any such substituted destroyed, lost or stolen Bond, a new Bond of like tenor and deliver principal amount bearing a number not contemporaneously Outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the same upon Issuer in its discretion may, instead of issuing a new Bond, direct the written request Trustee or authorization of any officer of the CompanyPaying Agent to pay such Bond on its due date. Upon the issuance of any substituted Bondnew Bond under this Section 2.09, 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. In case any Bond that has matured or is about to mature shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Bond, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Bond) if the applicant for such payment shall furnish to the Company and the Trustee such security or indemnity as they may require to save them harmless, and, in case of destruction, loss or theft, evidence to the satisfaction of the Company and the Trustee of the destruction, loss or theft of such Bond and of the ownership thereofthereto. Every replacement new Bond issued pursuant to the provisions of this Section shall constitute an additional contractual obligation 2.09 in lieu of the Company whether or not the mutilated, any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the Issuer whether or not the destroyed, lost or stolen Bond, if any, shall be found at any time, or be time enforceable by anyone, and such new Bond shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. All Bonds shall be held and owned upon the express condition that the foregoing The provisions of this Section 2.09 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 Bonds, and shall preclude (to the extent lawful) any and all other rights or remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Mutilated, Destroyed, Lost or Stolen Bonds. In case (a) If any certificated Bond shall become mutilated mutilated, lost, stolen or be destroyed, lost the affected Bondholder shall be entitled to the issuance of a substitute Bond only as follows: (i) in the case of a lost, stolen or stolendestroyed Bond, the Company Bondholder shall (subject A) provide notice of the loss, theft or destruction to the next succeeding sentenceTrustee within a reasonable time after the Bondholder becomes aware of the loss, theft or destruction, (B) shall execute, and upon the Company’s request the Trustee issuance of a substitute Bond and (subject as aforesaidC) shall authenticate provide evidence, satisfactory to the Trustee, of the ownership and deliverthe loss, theft or destruction of the affected Bond; (ii) in the case of a new Bond bearing a number not contemporaneously outstanding, in exchange and substitution for the mutilated Bond, or in lieu of and in substitution for the Bondholder shall surrender the Bond so destroyed, lost or stolen. In every case the applicant for a substituted Bond shall furnish to the Company and the Trustee such security or indemnity as may be required by them to save each of them harmless, and, for cancellation; (iii) in every case of destruction, loss or theftall cases, the applicant Bondholder shall also furnish provide in writing indemnity against any and all claims arising out of or otherwise related to the Company and the Trustee evidence to their satisfaction of the destruction, loss or theft of the applicant’s Bond and of the ownership thereof. The Trustee may authenticate any such substituted Bond and deliver the same upon the written request or authorization of any officer of the Company. Upon the issuance of any substituted Bondsubstitute Bonds pursuant to this Section 2.9 satisfactory to the Issuer, the Company may require Trustee and the Company; and (iv) in all cases, upon payment by the affected Bondholder 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 therewithTrustee and the Issuer in connection with the issuance of any such substitute Bond. In case Upon compliance with the foregoing, a substitute Bond of like tenor and denomination, executed by the Issuer, shall be authenticated by the Trustee or Authenticating Agent and delivered to the Bondholder. Notwithstanding the foregoing, the Trustee or Authenticating Agent shall not be required to authenticate and deliver any substitute Bond that for a Bond which has been called for redemption or which has matured or is about to mature or which shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Bond, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Bond) if the applicant for such payment shall furnish have been purchased pursuant to the Company and the Trustee such security or indemnity as they may require to save them harmless, Section 4.3 hereof and, in case of destructionany such case, loss the principal, redemption price or theft, evidence to Purchase Price and interest then due or becoming due shall be paid by the satisfaction Trustee or a Paying Agent in accordance with the terms of the Company and the Trustee of the destructionmutilated, loss lost, stolen or theft of such destroyed Bond and of the ownership thereof. without substitution therefor. (b) Every replacement substituted Bond issued pursuant to the provisions of this Section shall constitute an additional contractual obligation of the Company whether or not the mutilated, destroyed, lost or stolen Bond shall be found at any time, or be enforceable by anyone, Issuer and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. . (c) All Bonds shall be held and owned upon the express condition that the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds, and shall preclude (to the extent lawful) any and all other rights or remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or investment or other securities without their surrender.