Common use of Mutilated, Destroyed, Lost or Stolen Class A Notes Clause in Contracts

Mutilated, Destroyed, Lost or Stolen Class A Notes. If (i) any mutilated Class A Note is surrendered to a Transfer Agent, or if there shall be delivered to the Issuer, the Trustee and the relevant Transfer Agent evidence to their reasonable satisfaction of the destruction, loss or theft of any Class A Note and (ii) there is delivered to the Issuer, the Trustee and such Transfer Agent such security or indemnity as may be required by them to save each of them and any agent of any of them harmless, then, in the absence of written notice to the Issuer, a Trust Officer of the Trustee or such Transfer Agent that such Class A Note has been acquired by a Protected Purchaser, the Issuer shall execute and, upon Issuer Request, the Trustee shall authenticate and deliver, in lieu of any such mutilated, destroyed, lost or stolen Class A Note, a new Class A Note of same tenor and principal amount or notional amount, as applicable, and bearing a number not contemporaneously outstanding. If, after delivery of such new Class A Note, a Protected Purchaser of the predecessor Class A Note presents for payment, transfer or exchange such predecessor Class A Note, the Issuer, the Transfer Agent and the Trustee shall be entitled to recover such new Class A Note from the Person to whom it was delivered or any Person taking therefrom, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Issuer, the Trustee and the Transfer Agent in connection therewith. In case any such mutilated, destroyed, lost or stolen Class A Note has become due and payable, the Issuer in its discretion may, instead of issuing a new Class A Note pay such Class A Note without requiring surrender thereof except that any mutilated Class A Note shall be surrendered. Upon the issuance of any new Class A Note under this Section 2.6, the Issuer, the Trustee or a Transfer Agent 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. Every new Class A Note issued pursuant to this Section 2.6 in lieu of any mutilated, destroyed, lost or stolen Class A Note shall constitute an original additional contractual obligation of the Issuer, and such new Class A Note shall be entitled, subject to the second paragraph of this Section 2.6, to all the benefits of this Indenture equally and proportionately with any and all other Class A Notes duly issued hereunder. The provisions of this Section 2.6 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 Class A Notes.