Mutilated, Destroyed, Lost or Stolen Certificate. If (i) any mutilated Certificate is surrendered to the Trustee or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee and any Certificate Registrar such security or indemnity as may be required by it to save each of them harmless, then, in the absence of notice to a Responsible Officer of the Trustee that such Certificate has been acquired by a bona fide purchaser, the Trustee shall countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and of like tenor and denomination. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith. Any replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the destroyed, lost or stolen Certificate shall be found at any time.
Appears in 12 contracts
Samples: Pooling and Servicing Agreement (Senior Subordinate Pass Through Certificates Series 2001-C), Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Sen Sub Pas THR Cert Ser 1999c), Custodial Agreement (Vanderbilt Mort & Finance Pass Through Cert Series 1999b)
Mutilated, Destroyed, Lost or Stolen Certificate. If (ia) any mutilated Certificate is surrendered to the Trustee Trustee, or if the Trustee receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate, ; and (iib) there is shall be delivered to the Trustee and any Certificate Registrar such security or indemnity as may be required by it to save each of them keep it harmless, then, in the absence of notice to a Responsible Officer of the Trustee that such Certificate has shall have been acquired by a bona fide protected purchaser, the Trustee on behalf of the Trust shall countersign execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and of like tenor and denomination. Upon In connection with the issuance of any new Certificate under this SectionSection 9.7, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected connection therewith. Any replacement duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible conclusive evidence of an ownership interest in the Trust Fundrelevant Up-MACRO Tradeable Shares, as if originally issued, whether or not the destroyedlost, lost stolen or stolen destroyed Certificate shall be found at any time.
Appears in 4 contracts
Samples: Trust Agreement (MACRO Securities Depositor, LLC), Trust Agreement (MACRO Securities Depositor, LLC), Trust Agreement (MACRO Securities Depositor, LLC)
Mutilated, Destroyed, Lost or Stolen Certificate. If (i) ------------------------------------------------ any mutilated Certificate is surrendered to the Trustee or the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (ii) there is delivered to the Trustee and any Certificate Registrar such security or indemnity as may be required by it to save each of them harmless, then, in the absence of notice to a Responsible Officer of the Trustee that such Certificate has been acquired by a bona fide purchaser, the Trustee shall countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and of like tenor and denomination. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses connected therewith. Any replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust Fund, as if originally issued, whether or not the destroyed, lost or stolen Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Man Ho Co Se Su Pa Th Ce Se 1998a), Custodial Agreement (Vanderbilt Mort & Fin Inc Pass Throu Cert Ser 1998b), Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Sen Sub Pass THR Cert Ser 2000-D)