Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 Certificate issued pursuant to this Section shall constitute conclusive 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.
Appears in 106 contracts
Samples: Trust Agreement (Toyota Auto Receivables 2024-C Owner Trust), Trust Agreement (Toyota Auto Receivables 2024-C Owner Trust), Trust Agreement (Toyota Auto Receivables 2024-B Owner Trust)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any a mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any the Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute execute, and the Owner Trustee, or the Owner Trustee’s authenticating agent, Certificate Registrar 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 and denominationtenor. In connection with the issuance of any a new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate 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 Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of beneficial ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 65 contracts
Samples: Trust Agreement, Trust Agreement, Trust Agreement
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save hold each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for for, or in lieu of of, any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 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 Certificate shall be found at any time.
Appears in 42 contracts
Samples: Trust Agreement (Deere John Capital Corp), Trust Agreement (John Deere Receivables LLC), Trust Agreement (Deere John Capital Corp)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and then the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s authenticating agent, Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilatedthe mutilated Certificate, a new Certificate of like tenor and denomination. If the Certificate Registrar receives evidence to its satisfaction of the destruction, loss, or theft of a Certificate and the Certificate Registrar receives the security or indemnity it requires to hold it harmless, then in the absence of notice to the Issuer, the Certificate Registrar, or the Certificate Registrar that the Certificate has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, then the Owner Trustee shall execute and the Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of the destroyed, lost lost, or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen stolen, or destroyed Certificate shall is found. The Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be found at any timeimposed on the issuance of the new Certificate under this Section.
Appears in 22 contracts
Samples: Trust Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-G), Trust Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D), Trust Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any the mutilated Certificate shall be surrendered to the Certificate RegistrarOwner Trustee, or if the Certificate Registrar Owner Trustee shall receive evidence to its satisfaction of the destruction, loss or theft of any the Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them it to save each of them it harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such the mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationCertificate. In connection with the issuance of any new Certificate under this SectionSection 3.5, the Owner Trustee or the Certificate 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 Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Owner Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. The provisions of this Section 3.5 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement of the mutilated, destroyed, lost or stolen Certificate.
Appears in 19 contracts
Samples: Trust Agreement (Chase Credit Card Master Trust), Trust Agreement (Chase Credit Card Master Trust), Trust Agreement (Chase Credit Card Owner Trust 2002-6)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be surrendered to the Certificate Trust Registrar, or if the Certificate Trust Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Trust Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Issuer shall execute and the Owner Trustee, or the Owner Trustee’s authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.4, the Owner Trustee or the Certificate Trust 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 Certificate issued pursuant to this Section 3.4 shall constitute conclusive evidence of ownership in the TrustIssuer, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 14 contracts
Samples: Trust Agreement (Verizon Owner Trust 2020-C), Trust Agreement (Verizon Owner Trust 2020-C), Trust Agreement (Verizon Owner Trust 2020-B)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any a mutilated Certificate shall be surrendered to the Certificate RegistrarOwner Trustee, or if the Certificate Registrar Owner Trustee shall receive evidence to its satisfaction of the destruction, loss or theft of any the Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s 's authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 Certificate issued pursuant to this Section shall constitute conclusive 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.
Appears in 13 contracts
Samples: Trust Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Motor Credit Corp)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 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 Certificate shall be found at any time.
Appears in 12 contracts
Samples: Trust Agreement (John Deere Owner Trust 2012-B), Trust Agreement (John Deere Owner Trust 2012), Trust Agreement (John Deere Receivables, Inc.)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any the Certificate is mutilated Certificate and shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any the Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such the Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s 's authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 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 Certificate shall be found at any time.
Appears in 8 contracts
Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Asset Trust 2006-A), Trust Agreement (Caterpillar Financial Funding Corp)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any the mutilated Certificate shall be surrendered to the Certificate RegistrarOwner Trustee, or if the Certificate Registrar Owner Trustee shall receive evidence to its satisfaction of the destruction, loss or theft of any the Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them it to save each of them it harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such the mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationCertificate. In connection with the issuance of any new Certificate under this SectionSection 3.5, the Owner Trustee or the Certificate 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 Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership a beneficial interest in the Owner Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. The provisions of this Section 3.5 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement of the mutilated, destroyed, lost or stolen Certificate.
Appears in 8 contracts
Samples: Trust Agreement (Chase Credit Card Owner Trust 2004-2), Trust Agreement (Chase Credit Card Master Trust), Trust Agreement (Chase Credit Card Master Trust)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be is surrendered to the Certificate RegistrarOwner Trustee, or if the Certificate Registrar shall receive Owner Trustee receives evidence to its reasonable satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them it to save each of them hold the Owner Trustee harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaserthen, the Owner Trustee on behalf of the Trust shall execute execute, and the Owner Trustee, or the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new replacement Certificate of like tenor (including the same date of issuance) and denomination. In connection with Upon the issuance of any new replacement Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other reasonable expenses connected therewith. Any duplicate Every replacement Certificate issued pursuant to this Section in replacement of any mutilated, destroyed, lost or stolen Certificate shall constitute conclusive complete and indefeasible evidence of ownership an interest in the Trust, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 7 contracts
Samples: Trust Agreement (HSBC Credit Card Master Note Trust (Usa) I), Trust Agreement (HSBC Private Label Credit Card Master Note Trust (Usa) I), Trust Agreement (Household Consumer Loan Corp Ii)
Mutilated, Destroyed, Lost or Stolen Certificate. If (ai) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmlessand the Issuer from harm, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Owner TrusteeCertificate Paying Agent, as the Trust’s authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 Certificate issued pursuant to this Section shall constitute conclusive 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.
Appears in 5 contracts
Samples: Trust Agreement (Irwin Home Equity Loan Trust 2005-1), Trustee Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-A), Trust Agreement (Bear Stearns Asset Backed Securities Inc)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner Trustee and (unless a Note Insurer Default shall have occurred and be continuing) the Note Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or WTC, as the Owner Trustee’s 's authenticating agent, shall authenticate 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 denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 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 Certificate shall be found at any time.
Appears in 4 contracts
Samples: Trust Agreement (Long Beach Acceptance Auto Receivables Trust 2005-A), Trust Agreement (Long Beach Acceptance Receivables Corp.), Trust Agreement (Long Beach Acceptance Corp)
Mutilated, Destroyed, Lost or Stolen Certificate. If (ai) any a mutilated Certificate shall be surrendered to the Certificate RegistrarOwner Trustee, or if the Certificate Registrar Owner Trustee shall receive evidence to its satisfaction of the destruction, loss or theft of any a Certificate and (bii) there shall be delivered to the Certificate Registrar and the Owner Trustee (as such and in its individual capacity) such security or indemnity as may be required by them it to save each of them it harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such the mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge or expense that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive 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.
Appears in 4 contracts
Samples: Trust Agreement (Nordstrom Inc), Trust Agreement (Nordstrom Credit Inc), Trust Agreement (Nordstrom Inc)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any a Certificate is mutilated Certificate and shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any a Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s 's authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 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 Certificate shall be found at any time.
Appears in 4 contracts
Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Asset Trust 2008-A), Trust Agreement (Caterpillar Financial Funding Corp)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be surrendered to the Certificate Trust Registrar, or if the Certificate Trust Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Trust Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.4, the Owner Trustee or the Certificate Trust 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 Certificate issued pursuant to this Section 3.4 shall constitute conclusive 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.
Appears in 4 contracts
Samples: Trust Agreement (Verizon Master Trust), Trust Agreement (Verizon Master Trust), Trust Agreement (Verizon Master Trust)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner 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 Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute Trust, and the Owner Trustee, Trustee or the Owner Trustee’s authenticating agent, Certificate Registrar 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 and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive 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.
Appears in 4 contracts
Samples: Trust Agreement (American Home Mortgage Investment Trust 2006-3), Trust Agreement (American Home Mortgage Investment Trust 2006-2), Trust Agreement (American Home Mortgage Investment Trust 2006-1)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be is surrendered to the Certificate RegistrarOwner Trustee, or if the Certificate Registrar shall receive Owner Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as it may be required by them require to save each of them hold it harmless, then then, in the absence of notice to the Owner Trustee that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute Issuer will execute, and the Owner Trustee, or the Owner Trustee’s authenticating agent, shall Trustee will authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new replacement Certificate of like tenor (including the same date of issuance) and denomination. In connection with the issuance of any new replacement Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other reasonable expenses connected therewith. Any duplicate Every replacement Certificate issued pursuant to this Section shall in replacement of any mutilated, destroyed, lost or stolen Certificate will constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustIssuer, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be is found at any time.
Appears in 3 contracts
Samples: Trust Agreement (Nissan Wholesale Receivables Corp Ii), Trust Agreement (Ford Credit Auto Receivables LLC), Trust Agreement (Nissan Wholesale Receivables Corp Ii)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s 's authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 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 Certificate shall be found at any time.
Appears in 3 contracts
Samples: Trust Agreement (Deere John Receivables Inc), Trust Agreement (Deere John Receivables Inc), Trust Agreement (John Deere Owner Trust 2006)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any a mutilated Certificate shall be surrendered to the Certificate RegistrarOwner Trustee, or if the Certificate Registrar Owner Trustee shall receive evidence to its satisfaction of the destruction, loss or theft of any a Certificate and (b) in the case of a destroyed, lost or stolen Certificate, there shall be delivered to the Certificate Registrar and the Owner Trustee (as such and in its individual capacity) such security or indemnity as may be required by them it to save each of them it harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such the mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge or expense that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive 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.
Appears in 3 contracts
Samples: Trust Agreement (Atlanticus Holdings Corp), Trust Agreement (Atlanticus Holdings Corp), Trust Agreement (Cabela's Credit Card Master Note Trust)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save hold each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 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 Certificate shall be found at any time.
Appears in 2 contracts
Samples: Trust Agreement (John Deere Owner Trust 2013-B), Trust Agreement (John Deere Owner Trust 2013)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any If (i) a mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any a Certificate and (bii) there shall be is delivered to the Certificate Registrar and Registrar, the Owner Trustee and the Trust such security or indemnity as may be required by them to save hold each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee shall authenticate and deliver (or the Owner Trustee’s shall cause its authenticating agent, shall to authenticate and deliver), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new replacement Certificate in a like aggregate percentage interest; provided, however, that if any such destroyed, lost or stolen Certificate, but not a mutilated Certificate, shall have become or within seven days shall be payable, then instead of like tenor and denomination. In connection with the issuance of any new issuing a replacement Certificate under this Section, the Owner Trustee may make distributions on such destroyed, lost or the stolen Certificate Registrar may require the payment of a sum sufficient to cover any tax when so due or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any timepayable.
Appears in 2 contracts
Samples: Trust Agreement (Ally Wholesale Enterprises LLC), Trust Agreement (SWIFT Master Auto Receivables Trust)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any the mutilated Certificate shall be surrendered to the Certificate RegistrarOwner Trustee, or if the Certificate Registrar Owner Trustee shall receive evidence to its satisfaction of the destruction, loss or theft of any the Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them it to save each of them it harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such the mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationCertificate. In connection with the issuance of any new Certificate under this SectionSection 3.5, the Owner Trustee or the Certificate 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 Certificate issued pursuant to this Section 3.5 shall constitute conclusive evidence of ownership a beneficial interest in the Owner Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. The provisions of this Section 3.5 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement of the mutilated, destroyed, lost or stolen Certificate.
Appears in 1 contract
Samples: Trust Agreement (Target Credit Card Owner Trust 2005-1)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Registrar and the Owner Trustee Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust Issuer shall execute and deliver to the Owner Trustee, or Certificate Registrar for authentication and the Owner Trustee’s authenticating agent, Certificate Registrar 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 and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the TrustIssuer, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Master Trust Agreement (GMF Floorplan Owner Revolving Trust)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any the Certificate is mutilated Certificate and shall be surrendered to the Certificate Registrar, or if the Certificate Registrar Xxxxxxxxx shall receive evidence to its satisfaction of the destruction, loss or theft of any the Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such the Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s 's authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 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 Certificate shall be found at any time.
Appears in 1 contract
Samples: Trust Agreement (Caterpillar Financial Funding Corp)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner 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 Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Owner Trustee’s authenticating agentCertificate Registrar, 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 and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.05, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.05 shall constitute conclusive 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.
Appears in 1 contract
Samples: Trust Agreement (Citigroup Mortgage Loan Trust 2006-Ar1)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any ------------------------------------------------ mutilated Certificate shall be is surrendered to the Certificate RegistrarOwner Trustee, or if the Certificate Registrar shall receive Owner Trustee receives evidence to its reasonable satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them it to save each of them hold the Owner Trustee harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaserthen, the Owner Trustee on behalf of the Trust shall execute execute, and the Owner Trustee, or the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new replacement Certificate of like tenor (including the same date of issuance) and denomination. In connection with Upon the issuance of any new replacement Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other reasonable expenses connected therewith. Any duplicate Every replacement Certificate issued pursuant to this Section in replacement of any mutilated, destroyed, lost or stolen Certificate shall constitute conclusive complete and indefeasible evidence of ownership an interest in the Trust, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Trust Agreement (Household Credit Card Master Note Trust I)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any the Certificate is mutilated Certificate and shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any the Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such the Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 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 Certificate shall be found at any time.
Appears in 1 contract
Samples: Trust Agreement (Caterpillar Financial Asset Trust 2005-A)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Delaware Trustee, the Certificate Registrar (if different from the Co-Owner Trustee) and the Co-Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar, the Co-Owner Trustee or the Delaware Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Co-Owner Trustee on behalf of shall cause the Trust shall execute Delaware Trustee to execute, and the Owner Trustee, or the Owner Trustee’s authenticating agent, Authentication Agent 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 and denominationamount. In connection with the issuance of any new Certificate under this SectionSection 3.5, the Owner Trustee or the Certificate 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 Certificate issued pursuant to this Section shall constitute conclusive 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.the
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Delaware Trustee, the Certificate Registrar (if different from the Co-Owner Trustee) and the Co-Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar, the Co-Owner Trustee or the Delaware Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Co-Owner Trustee on behalf of shall cause the Trust shall execute Delaware Trustee to execute, and the Owner Trustee, or the Owner Trustee’s authenticating agent, Authentication Agent 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 and denominationamount. In connection with the issuance of any new Certificate under this SectionSection 3.5, the Co-Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Co-Owner Trustee, the Delaware Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive 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.3.5 shall
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any a Certificate is mutilated Certificate and shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any a Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 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 Certificate shall be found at any time.
Appears in 1 contract
Samples: Trust Agreement (Caterpillar Financial Funding Corp)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be surrendered to the Certificate RegistrarOwner Trustee, or if the Certificate Registrar Owner Trustee shall receive evidence to its satisfaction of the destruction, loss loss, or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them it to save each of them it harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost lost, or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 11.04, the Owner Trustee or the Certificate 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 Certificate issued pursuant to this Section 11.04 shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen stolen, or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Trust and Servicing Agreement (Uacsc 1999-B Owner Tr Auto Rec Bk Notes)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any the mutilated Certificate shall be surrendered to the Certificate RegistrarOwner Trustee, or if the Certificate Registrar Owner Trustee shall receive evidence to its satisfaction of the destruction, loss or theft of any the Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them it to save each of them it harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Issuer shall execute and the Owner Trustee, or Chase, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such the mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationCertificate. In connection with the issuance of any new Certificate under this SectionSection 3.5, the Owner Trustee or the Certificate 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 Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the TrustIssuer, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. The provisions of this Section 3.5 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement of the mutilated, destroyed, lost or stolen Certificate.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any the Certificate is mutilated Certificate and shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any the Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such the Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s 's authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 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 Certificate shall be found at any time.
Appears in 1 contract
Samples: Trust Agreement (Caterpillar Financial Funding Corp)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any the mutilated Certificate shall be surrendered to the Certificate RegistrarOwner Trustee, or if the Certificate Registrar Owner Trustee shall receive evidence to its satisfaction of the destruction, loss or theft of any the Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them it to save each of them it harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or Chase, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such the mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationCertificate. In connection with the issuance of any new Certificate under this SectionSection 3.5, the Owner Trustee or the Certificate 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 Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Owner Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. The provisions of this Section 3.5 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement of the mutilated, destroyed, lost or stolen Certificate.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if then the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s authenticating agent, Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilatedthe mutilated Certificate, a new Certificate of like tenor and denomination. If the Certificate Registrar receives evidence to its satisfaction of the destruction, loss, or theft of a Certificate and the Certificate Registrar receives the security or indemnity it requires to hold it harmless, then in the absence of notice to the Certificate Registrar, or the Certificate Trustee that the Certificate has been acquired by a protected purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, then the Certificate Trustee shall execute and the Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of the destroyed, lost lost, or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen stolen, or destroyed Certificate shall is found. The Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be found at any timeimposed on the issuance of the new Certificate under this Section.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be surrendered to the Certificate Trust Registrar, or if the Certificate Trust Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Trust Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Issuer shall execute and the Owner Trustee, or the Owner Trustee’s 's authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.4, the Owner Trustee or the Certificate Trust 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 Certificate issued pursuant to this Section shall constitute conclusive 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.this
Appears in 1 contract
Samples: Trust Agreement (Verizon ABS LLC)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any ------------------------------------------------ mutilated Certificate shall be is surrendered to the Certificate RegistrarOwner Trustee, or if the Certificate Registrar shall receive Owner Trustee receives evidence to its reasonable satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them it to save each of them hold the Owner Trustee harmless, then then, in the absence of notice to the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute execute, and the Owner Trustee, or the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new replacement Certificate of like tenor (including the same date of issuance) and denomination. In connection with Upon the issuance of any new replacement Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other reasonable expenses connected therewith. Any duplicate Every replacement Certificate issued pursuant to this Section in replacement of any mutilated, destroyed, lost or stolen Certificate shall constitute conclusive complete and indefeasible evidence of ownership an interest in the Trust, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Trust Agreement (Household Credit Card Master Note Trust I)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Owner Trustee and the Certificate Registrar and (if different from the Owner Trustee Trustee) such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute execute, and the Owner Trustee, or the Owner Trustee’s authenticating agent, Authentication Agent 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 and denominationamount. In connection with the issuance of any new Certificate under this SectionSection 3.5, the Owner Trustee or the Certificate Registrar Paying Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Owner Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.5 shall constitute conclusive evidence of beneficial ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate shall be surrendered to the Certificate Trust Registrar, or if the Certificate Trust Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Trust Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Issuer shall execute and the Owner Trustee, or the Owner Trustee’s 's authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.4, the Owner Trustee or the Certificate Trust 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 Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the TrustIssuer, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Trust Agreement (Verizon ABS LLC)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any a mutilated Certificate shall be surrendered to the Certificate RegistrarOwner Trustee, or if the Certificate Registrar Owner Trustee shall receive evidence to its satisfaction of the destruction, loss or theft of any the Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Owner Trustee’s authenticating agent, 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 and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate 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 Certificate issued pursuant to this Section shall constitute conclusive 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.
Appears in 1 contract
Samples: Trust Agreement (Toyota Auto Finance Receivables LLC)