Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate is surrendered to the Trustee, or if the Trustee shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate; and (b) there shall be delivered to the Trustee such security or indemnity as may be required by it to keep it harmless, then, in the absence of notice that such Certificate shall have been acquired by a protected purchaser, the Trustee on behalf of the Trust shall execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like denomination. In connection with the issuance of any new Certificate under this Section 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 connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the relevant Down-MACRO Tradeable Shares, 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 (MACRO Securities Depositor, LLC), Trust Agreement (MACRO Securities Depositor, LLC)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any a mutilated Certificate is shall be surrendered to the Owner Trustee, or if the Owner Trustee shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate; a Certificate and (b) there shall be delivered to the Owner Trustee such security or indemnity as may be required by it to keep save it harmless, then, in then the absence of notice that such Certificate shall have been acquired by a protected purchaser, the Owner Trustee on behalf of the Owner 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 Certificatecertificate, a new Certificate of like denominationcertificate. In connection with the issuance of any new Certificate under this Section 9.73.07, the Owner Trustee 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 certificate issued pursuant to this Section 3.07 shall constitute conclusive evidence of an the ownership interest in the relevant Down-MACRO Tradeable SharesOwner Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate or Supplemental Certificate shall be found at any time.
Appears in 1 contract
Samples: Trust Agreement (Conseco Finance Credit Card Funding Corp)
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any a mutilated Certificate is shall be surrendered to the Owner Trustee, or if the Owner Trustee shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate; a Certificate and (b) there shall be delivered to the Owner Trustee such security or indemnity as may be required by it to keep save it harmless, then, in then the absence of notice that such Certificate shall have been acquired by a protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner 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 9.73.05, the Owner Trustee 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 3.05 shall constitute conclusive evidence of an ownership interest in the relevant Down-MACRO Tradeable SharesTrust, 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 (Advanta Business Recievables Corp)
Mutilated, Destroyed, Lost or Stolen Certificate. If (ai) any mutilated Certificate is surrendered to the TrusteeAuthority, or if the Trustee shall receive Authority receives evidence to its satisfaction of the destruction, loss or theft of any Certificate; , and (bii) there shall be is delivered to the Trustee Authority such security or indemnity as may be required by it to keep save it harmless, then, in the absence of notice to the Authority that such Certificate shall have has been acquired by a protected bona fide purchaser, the Trustee on behalf of the Trust Authority shall execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like denominationCertificate. In connection with Upon the issuance issuance, execution and delivery of any new Certificate under this Section 9.74.04, the Trustee Authority 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 connected therewith. Any duplicate Certificate issued pursuant to this Section 4.04 shall constitute conclusive complete and indefeasible evidence of an ownership interest in of the relevant Down-MACRO Tradeable SharesParticipation Interest represented thereby, 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: Purchase and Sale Agreement
Mutilated, Destroyed, Lost or Stolen Certificate. If (a) any mutilated Certificate is surrendered to the Trustee, or if the Trustee shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate; and (b) there shall be delivered to the Trustee such security or indemnity as may be required by it to keep it harmless, then, in the absence of notice that such Certificate shall have been acquired by a protected purchaser, the Trustee on behalf of the Trust shall execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like denomination. In connection with the issuance of any new Certificate under this Section 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 connection therewith. Any duplicate Certificate issued pursuant to this Section 9.7 shall constitute conclusive evidence of an ownership interest in the relevant Down-MACRO Tradeable Shares, 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 the mutilated Certificate is shall be surrendered to the Owner Trustee, or if the Owner Trustee shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate; the Certificate and (b) there shall be delivered to the Owner Trustee such security or indemnity as may be required by it to keep save it harmless, then, in then the absence of notice that such Certificate shall have been acquired by a protected purchaser, the Owner Trustee on behalf of the Owner 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 denominationCertificate. In connection with the issuance of any new Certificate under this Section 9.73.05, the Owner Trustee 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 3.05 shall constitute conclusive evidence of an the ownership interest in the relevant Down-MACRO Tradeable SharesOwner 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 (Conseco Finance Credit Funding Corp)