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

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that any Debt Security of any series has been mutilated, destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or, if any mutilated, destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, and shall be equally and proportionately entitled to the benefits of this Indenture with all other Debt Securities of the same series issued under this Indenture. All Debt Securities 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 Debt Securities, 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.

Appears in 5 contracts

Samples: Indenture (Constellation Brands, Inc.), Indenture (Constellation Brands, Inc.), Indenture (Constellation Brands, Inc.)

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Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (a) any mutilated Debt Security is surrendered to the Trustee at its corporate trust office or (b) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyCompany nor the Trustee receives notice that such Debt Security has been acquired by a bona fide purchaser, then the GuarantorsCompany shall execute and, upon a Company Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by Outstanding. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax, fee, assessment or other governmental charge that may be imposed in lieu of relation thereto and in substitution any other expenses connected therewith. In case any Debt which has matured or is about to mature or which has been called for the Debt Security so redemption shall become mutilated or be destroyed, lost or stolen; or, the Company may, instead of issuing a substituted Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security and of the ownership thereof. Every substituted Debt Security of any mutilatedseries issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series duly issued under this Indenturehereunder. All Debt Securities 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 Debt Securities, and shall preclude, to the extent lawful, preclude 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.

Appears in 4 contracts

Samples: Indenture (Energy USA XXI, Inc.), Pacific Energy Group LLC, Indenture (Chesapeake Alpha Corp)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any temporary or definitive Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and (subject to the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, next succeeding sentence) shall execute, and thereupon upon the Company's request, the Trustee or the Authenticating Agent (subject as aforesaid) shall authenticate and deliver, a new Debt Security of the same series of like tenor series, bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or. In every case the applicant for a substituted Debt Security 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 Debt Security and of the ownership thereof. The Trustee may authenticate any such substituted Debt Security and deliver the same upon the written request or authorization of any officer of the Company. Upon the issuance of any substituted Debt Security, 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 Debt Security 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 Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if any 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 Debt Security and of the ownership thereof. Every replacement Debt Security 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 Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, or be enforceable by anyone, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same series duly issued under this Indenturehereunder. All Debt Securities 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 Debt Securities, and shall preclude, 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.

Appears in 4 contracts

Samples: WPSR Capital Trust I, WPSR Capital Trust I, Arvin Capital I

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (a) any mutilated Debt Security or any mutilated Coupon with the Coupon Security to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its corporate trust office (in the case of Registered Securities) or at its principal London office (in the case of Bearer Securities) or (b) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security or any Coupon, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyCompany nor the Trustee receives notice that such Debt Security or Coupon has been acquired by a bona fide purchaser, then the GuarantorsCompany shall execute and, upon a Company Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolenstolen Debt Security or in exchange for the Coupon Security to which such mutilated, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliverCoupon appertained, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing Outstanding, and, in the case of a Coupon Security, with such notation, if any, as may be required by Coupons attached thereto that neither gain nor loss in interest shall result from such exchange or substitution. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax, fee, assessment or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so or Coupon which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security or Coupon, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security or Coupon) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security or Coupon and of the ownership thereof; orprovided, however, that payment of principal of, and premium, if any, and interest on, Bearer Securities or Coupons shall, except as otherwise provided in Section 2.12, be payable only at an office or agency located outside the United States. Every substituted Debt Security of any mutilatedseries, with its Coupons, if any, issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security or Coupon is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen Coupon shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series and Coupons, if any, duly issued under this Indenturehereunder. All Debt Securities and Coupons, if any, 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 Debt SecuritiesSecurities or Coupons, and shall preclude, to the extent lawful, preclude 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.

Appears in 4 contracts

Samples: Pioneer Natural Resources Usa Inc, Pioneer Natural Resources Co, Indenture Tia (Pioneer Natural Resources Usa Inc)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (a) any mutilated Debt Security or any mutilated Coupon with the Coupon Security to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its corporate trust office (in the case of Registered Securities) or at its principal [London] office (in the case of Bearer Securities) or (b) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security or any Coupon, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyCompany nor the Trustee receives notice that such Debt Security or Coupon has been acquired by a bona fide purchaser, then the GuarantorsCompany shall execute and, upon a Company Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolenstolen Debt Security or in exchange for the Coupon Security to which such mutilated, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliverCoupon appertained, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing Outstanding, and, in the case of a Coupon Security, with such notation, if any, as may be required by Coupons attached thereto that neither gain nor loss in interest shall result from such exchange or substitution. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax, fee, assessment or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so or Coupon which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security or Coupon, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security or Coupon) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security or Coupon and of the ownership thereof; orprovided, however, that payment of principal of, and premium, if any, and interest on, 29 Bearer Securities or Coupons shall, except as otherwise provided in Section 2.12, be payable only at an office or agency located outside the United States. Every substituted Debt Security of any mutilatedseries, with its Coupons, if any, issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security or Coupon is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen Coupon shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series and Coupons, if any, duly issued under this Indenturehereunder. All Debt Securities and Coupons, if any, 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 Debt SecuritiesSecurities or Coupons, and shall preclude, to the extent lawful, preclude 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.

Appears in 3 contracts

Samples: Indenture Tia (Range Resources Corp), Indenture Tia (Range Resources Corp), Indenture Tia (Range Resources Corp)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any temporary or definitive Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and its discretion may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon upon its request the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series and date of like tenor maturity in the same principal amount, bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or. In every case the applicant for a substituted Debt Security shall furnish to the Company and to 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 to the Trustee evidence to their satisfaction of the destruction, loss or theft of such Debt Security and of the ownership thereof. The Trustee shall authenticate any such substituted Debt Security and deliver the same upon the written request or authorization of any officer of the Company. Upon the issuance of any substituted Debt Security, the Company or 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. In case any Debt Security which has matured or is about to mature shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security, pay or authorize the payment of the same (upon surrender thereof in the case of a mutilated Debt Security) if the applicant for such payment shall furnish to the Company and to the Trustee such security or indemnity as may be required by them to save each of them harmless, and, in case of destruction, loss or theft, evidence satisfactory to the Company and the Trustee of the destruction, loss or theft of such Debt Security and of the ownership thereof. Every substituted Debt Security of any mutilatedseries issued pursuant to the provisions of this Section 2.06 by virtue of the fact that any Debt Security of such series is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any such series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same such series duly issued under this Indenturehereunder. All Debt Securities of any series shall be held and owned upon the express condition that that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Debt Securities, Securities of such series and shall preclude, to the extent lawful, preclude any and all other rights or remedies, remedies notwithstanding (to the extent permitted by applicable law) 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.

Appears in 3 contracts

Samples: Indenture (Cooper Industries, Ltd.), Indenture (Cooper Crouse-Hinds, LLC), Indenture (Cooper Industries LTD)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that any If a mutilated Debt Security of any series is surrendered to the Registrar or if the Holder of a Debt Security claims that the Debt Security has been mutilatedlost, destroyeddestroyed or wrongfully taken, lost or stolenthe Company shall execute and, upon Company Order, the Trustee shall authenticate a replacement Debt Security of the same series if the requirements of Section 8-405 of the Uniform Commercial Code are met, as determined by the Company, and the Holder satisfies any other reasonable requirements of the Trustee. Such Holder shall furnish an indemnity bond sufficient in the judgment of the Company and the Trustee to protect the Company, the Trustee, the Paying Agent, the Registrar and any co-registrar from any loss that any of them may suffer if a Debt Security is replaced, and, in the absence of notice to the Company or the Trustee that such Debt Security has been acquired by a bona fide purchaser, the Company shall execute and upon receipt Company Order the Trustee shall authenticate and make available for delivery, in exchange for any such mutilated Debt Security or in lieu of indemnity (and in case of a any such destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor and principal amount, bearing a serial number not contemporaneously outstanding (bearing outstanding. In case any such notationmutilated, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; orstolen Debt Security has become or is about to become due and payable, if the Company in its discretion may, instead of issuing a new Debt Security of the same series, pay such Debt Security. Upon the issuance of any new Debt Security under this Section 2.9, 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) in connection therewith. Every new Debt Security issued pursuant to this Section 2.9 in lieu of any mutilated, destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an original additional contractual obligation of the Company and any other obligor upon the GuarantorsDebt Securities, whether or not the Debt Security alleged to have been mutilated, destroyed, lost or stolen Debt Security shall be found at any timetime enforceable by anyone, and shall be equally and proportionately entitled to the all benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same series duly issued under hereunder. The provisions of this Indenture. All Debt Securities shall be held and owned upon the express condition that the foregoing provisions Section 2.9 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 Debt Securities, 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.

Appears in 3 contracts

Samples: Indenture (Stanley Works), Black & Decker Corp, Black & Decker Corp

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any temporary or definitive Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, shall execute, and thereupon upon its request the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or, if any mutilated, destroyed, lost or stolen . In every case the applicant for a substituted Debt Security 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 such Debt Security and of the ownership thereof. The Trustee may authenticate any such substituted Debt Security and deliver the same upon the written request or authorization of any series shall have matured or be about to mature, instead officer of issuing a new the Company. Upon the issuance of any substituted Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require the payment of the expenses which a sum sufficient to cover any tax or other governmental charge that may be incurred by the Company imposed in relation thereto and any other expenses connected therewith. In case any Debt Security which has matured or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent is about to mature or has been called for redemption in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been full shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment 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 case of destruction, loss or theft, evidence satisfactory to the Company and to the Trustee of the destruction, loss or theft of such Security and of the ownership thereof. Every substituted Debt Security of any series issued pursuant to the provisions of this Section 2.08 by virtue of the fact that any such Debt Security is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company and the GuarantorsCompany, whether or not the Debt Security alleged to have been destroyed, lost or stolen Debt Security shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same series duly issued under this Indenturehereunder. All Debt Securities shall be held and owned upon the express condition that that, to the extent permitted by applicable law, the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Debt Securities, Securities and shall preclude, to the extent lawful, preclude 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 or payment of negotiable instruments or other securities without their surrender.

Appears in 3 contracts

Samples: Indenture (Union Planters Corp), Indenture (Pxre Corp), Indenture (Marshall & Ilsley Corp/Wi/)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (i) any mutilated Debt Security is surrendered to the Trustee at its corporate trust office (in the case of Registered Securities) or (ii) the Issuer, any Guarantor and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security, and there is delivered to the Issuer, any Guarantor and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyIssuer, any Guarantor nor the GuarantorsTrustee receives notice that such Debt Security has been acquired by a bona fide purchaser, then the Issuer shall execute and, upon an Issuer Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by Outstanding. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Issuer and any Guarantor may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen; or, the Issuer may, instead of issuing a substituted Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall furnish the Issuer, any Guarantor and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, and, in case of destruction, loss or theft, evidence to the satisfaction of the Issuer and the Trustee of the destruction, loss or theft of such Debt Security and of the ownership thereof. The Holder must furnish an indemnity bond that is sufficient in the judgment of each of the Trustee, the Issuer and any Guarantor to protect each of the Issuer, any Guarantor, the Trustee or any Agent from any loss that any of them may suffer if a Debt Security is replaced. The Issuer and any Guarantor shall charge the Holder, and the Holder shall pay, for the Issuer’s, any Guarantor’s and the Trustee’s expenses in replacing the Debt Security (including, without limitation, attorney’s fees and disbursements in replacing such Debt Security). Every substituted Debt Security of any series issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Issuer and any Guarantor, if any mutilatedapplicable, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, and shall be entitled to all the benefits of and shall be subject to all the limitations of rights set forth in this Indenture equally and proportionately entitled to the benefits of this Indenture with any and all other Debt Securities of the same that series duly issued under this Indenturehereunder. All Debt Securities 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 Debt Securities, and shall preclude, to the extent lawful, preclude 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.

Appears in 3 contracts

Samples: Indenture (Jacobs Solutions Inc.), Indenture (Jacobs Engineering Group Inc /De/), Indenture (Jacobs Engineering Group Inc /De/)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (i) any mutilated Debt Security is surrendered to the Trustee at the Corporate Trust Office of the Trustee (in the case of Registered Securities) or (ii) the Partnership and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security, and there is delivered to the Partnership and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyPartnership nor the Trustee receives written notice that such Debt Security has been acquired by a bona fide purchaser, then the GuarantorsPartnership shall execute and, upon an Issuer Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by Outstanding. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Partnership may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen; or, the Partnership may, instead of issuing a substituted Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall furnish the Partnership and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, and, in case of destruction, loss or theft, evidence to the satisfaction of the Partnership and the Trustee of the destruction, loss or theft of such Debt Security and of the ownership thereof. Every substituted Debt Security of any mutilatedseries issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Partnership, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series duly issued under this Indenturehereunder. All Debt Securities 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 Debt Securities, and shall preclude, to the extent lawful, preclude 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.

Appears in 3 contracts

Samples: Indenture (Valero L P), Kaneb Pipe Line Operating Partnership Lp, Kaneb Pipe Line Operating Partnership Lp

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any temporary or definitive Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and its discretion may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon upon its request the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor Security, bearing a serial number number, letter or other distinguishing xxxx not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)Outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or, if any mutilated, destroyed, lost or stolen . In every case the applicant for a substituted Debt Security shall furnish to the Company and to the Trustee such security or indemnity as may be required by them to save each of any series shall have matured them harmless, and, in every case of destruction, loss or be about to mature, instead of issuing a new Debt Securitytheft, the Companyapplicant shall also furnish to the Company and to the Trustee evidence to their satisfaction of the destruction, upon written loss or theft, of such Debt Security and of the ownership thereof. In the absence of notice to the Trustee or the Authenticating AgentCompany that such Debt Security has been acquired by a bona fide purchaser, may pay the Trustee shall authenticate any such substituted Debt Security and deliver the same without surrender upon any Company Request. Upon the issuance of the destroyed, lost or stolen any substituted Debt Security. The , the Company may require the payment of the expenses which a sum sufficient to cover any tax or other governmental charge that may be incurred by the Company imposed in relation thereto and any other expenses connected therewith. In case any Debt Security which has matured or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged is about to have been mature shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall furnish to the Company and to the Trustee such security or indemnity as may be required by them to save each of them harmless and, in case of destruction, loss or theft, evidence satisfactory to the Company and to the Trustee of the destruction, loss or theft of such Debt Security and of the ownership thereof. Every substituted Debt Security issued pursuant to the provisions of this Section 3.07 by virtue of the fact that any Debt Security is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company and the GuarantorsCompany, whether or not the Debt Security alleged to have been destroyed, lost or stolen Debt Security shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same series duly issued under this Indenturehereunder. All Debt Securities 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 Debt Securities, Securities and shall preclude, preclude (to the extent lawful, permitted by law) any and all other rights or remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary remedies with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Appears in 3 contracts

Samples: Indenture (Hennessy Advisors Inc), Indenture (Perma-Pipe International Holdings, Inc.), Indenture (Perma-Pipe International Holdings, Inc.)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any temporary or definitive Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, the Company (subject to the next succeeding sentence) shall execute and the Trustee (subject as aforesaid) shall, upon receipt of indemnity (a Company Order requesting the Trustee's authentication and in case of a destroyeddelivery thereof, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor series, bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or. In every case the applicant for a substituted Debt Security 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 Debt Security and of the ownership thereof. Upon the issuance of any substituted Debt Security, 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 Debt Security 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 Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if any 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 Debt Security and of the ownership thereof. Every replacement Debt Security 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 Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, or be enforceable by anyone, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same series duly issued under this Indenturehereunder. All Debt Securities 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 Debt Securities, and shall preclude, 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.

Appears in 2 contracts

Samples: Indenture (Exelon Corp), Exelon Corp

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (a) any mutilated Debt Security is surrendered to the Appropriate Trustee at its corporate trust office or (b) the Company and the Appropriate Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security, and there is delivered to the Company and the Appropriate Trustee such security (or surety bond in the case of the Canadian Trustee) or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyCompany nor the Appropriate Trustee receives notice that such Debt Security has been acquired by a bona fide purchaser, then the Company shall execute and, upon a Company Order, the GuarantorsAppropriate Trustee shall authenticate and deliver, the Trustee and the Authenticating Agent of evidence satisfactory to them that any Debt Security in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing such notationOutstanding. Upon the issuance of any substituted Debt Security pursuant to this Section 2.09, if anythe Company may require the payment of a sum sufficient to cover any tax, as fee, assessment or other governmental charge that may be required by the rules of imposed in relation thereto and any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated Debt Security, or in lieu of and in substitution for the other expenses connected therewith. In case any Debt Security so which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen; or, the Company may, instead of issuing a substituted Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall furnish the Company and the Appropriate Trustee with such security, surety bond or indemnity as either may require to save it harmless from all risk, however remote, and, in case of destruction, loss or theft, evidence to the satisfaction of the Company and the Appropriate Trustee of the destruction, loss or theft of such Debt Security and of the ownership thereof. Every substituted Debt Security of any mutilatedseries issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series duly issued under this Indenturehereunder. All Debt Securities 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 Debt Securities, and shall preclude, to the extent lawful, preclude 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.

Appears in 2 contracts

Samples: Indenture (Dirtt Environmental Solutions LTD), Dirtt Environmental Solutions LTD

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, shall execute, and thereupon upon its written request the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or, if any mutilated, destroyed, lost or stolen . In every case the applicant for a substituted Debt Security shall furnish to the Company, the Guarantor 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, the Guarantor and the Trustee evidence to their satisfaction of the destruction, loss or theft of such Debt Security and of the ownership thereof. The Trustee may authenticate any such substituted Debt Security and deliver the same upon the written request or authorization of any series shall have matured or be about to mature, instead officer of issuing a new the Company. Upon the issuance of any substituted Debt Security, the Company, upon written notice to Company and the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company Guarantor may require the payment of the expenses which a sum sufficient to cover any tax or other governmental charge that may be incurred by the Company imposed in relation thereto and any other expenses connected therewith. In case any Debt Security which has matured or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent is about to mature or has been called for redemption in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been full shall become mutilated or be destroyed, lost or stolen, the Company and the Guarantor (without duplication) may, instead of the Company issuing a substitute Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall furnish to the Company, the Guarantor and the Trustee such security or indemnity as may be required by them to save each of them harmless and, in case of destruction, loss or theft, evidence satisfactory to the Company, the Guarantor and the Trustee of the destruction, loss or theft of such Security and of the ownership thereof. Every substituted Debt Security issued pursuant to the provisions of this Section 2.06 by virtue of the fact that any such Debt Security is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company and the GuarantorsGuarantor, whether or not the Debt Security alleged to have been destroyed, lost or stolen Debt Security shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same series duly issued under this Indenturehereunder. All Debt Securities shall be held and owned upon the express condition that that, to the extent permitted by applicable law, the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Debt Securities, Securities and shall preclude, to the extent lawful, preclude 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 or payment of negotiable instruments or other securities without their surrender.

Appears in 2 contracts

Samples: Indenture (American Safety Insurance Group LTD), Kingsway Financial Services Inc

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon If (i) any mutilated Debt Security or any mutilated Coupon with the Coupon Security to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its corporate trust office (in the case of Registered Securities) or at its principal London office (in the case of Bearer Securities) or (ii) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security or any Coupon, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the Company nor the Trustee receives notice that such Debt Security or Coupon has been acquired by a bona fide purchaser, then the Company shall execute and, upon receipt by of a Company Order requesting the Company, the Guarantorsauthentication and delivery, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolenstolen Debt Security or in exchange for the Coupon Security to which such mutilated, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliverCoupon appertained, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing Outstanding, and, in the case of a Coupon Security, with such notation, if any, as may be required by Coupons attached thereto that neither gain nor loss in interest shall result from such exchange or substitution. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so or Coupon which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security or Coupon, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security or Coupon) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security or Coupon and of the ownership thereof; orprovided, however, that payment of principal of, and premium, if any, and interest on, Bearer Securities or Coupons shall, except as otherwise provided in Section 2.12, be payable only at an office or agency located outside the United States. Every substituted Debt Security of any mutilatedseries, with its Coupons, if any, issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security or Coupon is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen Coupon shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series and Coupons, if any, duly issued under this Indenturehereunder. All Debt Securities and Coupons, if any, 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 Debt SecuritiesSecurities or Coupons, and shall preclude, to the extent lawful, preclude 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.

Appears in 2 contracts

Samples: Pioneer Natural Resources Usa Inc, Pioneer Natural Resources Usa Inc

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (a) any mutilated Debt Security or any mutilated Coupon with the Coupon Security to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its corporate trust office (in the case of Registered Securities) or at its principal London office (in the case of Bearer Securities) or (b) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security or any Coupon, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyCompany nor the Trustee receives notice that such Debt Security or Coupon has been acquired by a bona fide purchaser, then the GuarantorsCompany shall execute and, upon a Company Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolenstolen Debt Security or in exchange for the Coupon Security to which such mutilated, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliverCoupon appertained, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing Outstanding, and, in the case of a Coupon Security, with such notation, if any, as may be required by Coupons attached thereto that neither gain nor loss in interest shall result from such exchange or substitution. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so or Coupon which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security or Coupon, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security or Coupon) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security or Coupon and of the ownership thereof; orprovided, however, that payment of principal of, and premium, if any, and interest on, Bearer Securities or Coupons shall, except as otherwise provided in Section 2.12, be payable only at an office or agency located outside the United States. Every substituted Debt Security of any mutilatedseries, with its Coupons, if any, issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security or Coupon is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen Coupon shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series and Coupons, if any, duly issued under this Indenturehereunder. All Debt Securities and Coupons, if any, 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 Debt SecuritiesSecurities or Coupons, and shall preclude, to the extent lawful, preclude 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.

Appears in 2 contracts

Samples: Pioneer Natural Resources Usa Inc, Pioneer Natural Resources Co

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (a) any mutilated Debt Security or any mutilated Coupon with the Coupon Security to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its corporate trust office (in the case of Registered Securities) or at its principal London office (in the case of Bearer Securities) or (b) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security or any Coupon, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyCompany nor the Trustee receives notice that such Debt Security or Coupon has been acquired by a protected purchaser, then the GuarantorsCompany shall execute and, upon a Company Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolenstolen Debt Security or in exchange for the Coupon Security to which such mutilated, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliverCoupon appertained, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing Outstanding, and, in the case of a Coupon Security, with such notation, if any, as may be required by Coupons attached thereto that neither gain nor loss in interest shall result from such exchange or substitution. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax, fee, assessment or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so or Coupon which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security or Coupon, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security or Coupon) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security or Coupon and of the ownership thereof; orprovided, however, that payment of principal of, and premium, if any, and interest on, Bearer Securities or Coupons shall, except as otherwise provided in Section 2.12, be payable only at an office or agency located outside the United States. Every substituted Debt Security of any mutilatedseries, with its Coupons, if any, issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security or Coupon is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen Coupon shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series and Coupons, if any, duly issued under this Indenturehereunder. All Debt Securities and Coupons, if any, 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 Debt SecuritiesSecurities or Coupons, and shall preclude, to the extent lawful, preclude 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.

Appears in 2 contracts

Samples: Pioneer Natural Resources Co, Pioneer Natural Resources Co

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (a) any mutilated Debt Security or any mutilated Coupon with the Coupon Security to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its corporate trust office (in the case of Registered Securities) or at its principal [London] office (in the case of Bearer Securities) or (b) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security or any Coupon, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyCompany nor the Trustee receives notice that such Debt Security or Coupon has been acquired by a bona fide purchaser, then the GuarantorsCompany shall execute and, upon a Company Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolenstolen Debt Security or in exchange for the Coupon Security to which such mutilated, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliverCoupon appertained, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing Outstanding, and, in the case of a Coupon Security, with such notation, if any, as may be required by Coupons attached thereto that neither gain nor loss in interest shall result from such exchange or substitution. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax, fee, assessment or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so or Coupon which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security or Coupon, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security or Coupon) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security or Coupon and of the ownership thereof; orprovided, however, that payment of principal of, and premium, if any, and interest on, Bearer Securities or Coupons shall, except as otherwise provided in Section 2.12, be payable only at an office or agency located outside the United States. Every substituted Debt Security of any mutilatedseries, with its Coupons, if any, issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security or Coupon is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen Coupon shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series and Coupons, if any, duly issued under this Indenturehereunder. All Debt Securities and Coupons, if any, 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 Debt SecuritiesSecurities or Coupons, and shall preclude, to the extent lawful, preclude 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.

Appears in 1 contract

Samples: Indenture Tia (Range Resources Corp)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (a) any mutilated Debt Security is surrendered to the Trustee at its Corporate Trust Office or (b) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyCompany nor the Trustee receives notice that such Debt Security has been acquired by a bona fide purchaser, then the GuarantorsCompany shall execute and, upon a Company Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by Outstanding. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company or the Trustee may require the payment of a sum sufficient to cover any tax, fee, assessment or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen; or, the Company may, instead of issuing a substituted Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security and of the ownership thereof. Every substituted Debt Security of any mutilatedseries issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series duly issued under this Indenturehereunder. All Debt Securities 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 Debt Securities, and shall preclude, to the extent lawful, preclude 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.

Appears in 1 contract

Samples: Indenture (ACRES Commercial Realty Corp.)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, shall execute, and thereupon upon its written request the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or, if any mutilated, destroyed, lost or stolen . In every case the applicant for a substituted Debt Security 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 such Debt Security and of the ownership thereof. The Trustee may authenticate any such substituted Debt Security and deliver the same upon the written request or authorization of any series shall have matured or be about to mature, instead officer of issuing a new the Company. Upon the issuance of any substituted Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require the payment of the expenses which a sum sufficient to cover any tax or other governmental charge that may be incurred by the Company imposed in relation thereto and any other expenses connected therewith. In case any Debt Security which has matured or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent is about to mature or has been called for redemption in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been full shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall constitute an additional contractual obligation of furnish to the Company and the GuarantorsTrustee such security or indemnity as may be required by them to save each of them harmless and, whether in case of destruction, loss or not theft, evidence satisfactory to the Company and to the Trustee of the destruction, loss or theft of such Security and of the ownership thereof. Every substituted Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, and shall be equally and proportionately entitled issued pursuant to the benefits provisions of this Indenture with all other Debt Securities of the same series issued under this Indenture. All Debt Securities 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 Debt Securities, 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.Section

Appears in 1 contract

Samples: Hf Financial Corp

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any temporary or definitive Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and (subject to the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, next succeeding sentence) shall execute, and thereupon upon the Company's request, the Trustee or the Authenticating Agent (subject as aforesaid) shall authenticate and deliver, a new Debt Security of the same series of like tenor series, bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or, if any mutilated, destroyed, lost or stolen . In every case the applicant for a substituted Debt Security 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 Debt Security and of the ownership thereof. The Trustee may authenticate any such substituted Debt Security and deliver the same upon the written request or authorization of any series shall have matured or be about to mature, instead officer of issuing a new the Company. Upon the issuance of any substituted Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require the payment of the expenses which a sum sufficient to cover any tax or other governmental charge that may be incurred by imposed in relation thereto and any other expenses (including the Company or any agent thereof and the charges fees and expenses of the Trustee and the Authenticating Agent in the premisesTrustee) connected therewith. Any series of In case any Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged Security that has matured or is about to have been mature shall become mutilated or be destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and may, instead of issuing a substitute Debt Security, pay or authorize the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, and shall be equally and proportionately entitled to the benefits of this Indenture with all other Debt Securities payment of the same series issued under this Indenture. All (without surrender thereof except in the case of a mutilated Debt Securities Security) if the applicant for such payment shall be held and owned upon the express condition that the foregoing provisions are exclusive with respect furnish to the replacement or payment of mutilated, destroyed, lost or stolen Debt Securities, 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.Company

Appears in 1 contract

Samples: Illinois Power Co

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any temporary or definitive Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, shall execute, and thereupon upon its written request the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or, if any mutilated, destroyed, lost or stolen . In every case the applicant for a substituted Debt Security 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 such Debt Security and of the ownership thereof. The Trustee may authenticate any such substituted Debt Security and deliver the same upon the written request or authorization of any series shall have matured or be about to mature, instead officer of issuing a new the Company. Upon the issuance of any substituted Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require the payment of the expenses which a sum sufficient to cover any tax or other governmental charge that may be incurred by the Company imposed in relation thereto and any other expenses connected therewith. In case any Debt Security which has matured or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent is about to mature or has been called for redemption in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been full shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment 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 case of destruction, loss or theft, evidence satisfactory to the Company and to the Trustee of the destruction, loss or theft of such Security and of the ownership thereof. Every substituted Debt Security of any series issued pursuant to the provisions of this Section 2.08 by virtue of the fact that any such Debt Security is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company and the GuarantorsCompany, whether or not the Debt Security alleged to have been destroyed, lost or stolen Debt Security shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same series duly issued under this Indenturehereunder. All Debt Securities 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 Debt Securities, and shall precludethat, to the extent lawfulpermitted by applicable law, 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.the

Appears in 1 contract

Samples: Indenture (National Commerce Capital Trust I)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any temporary or definitive Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and its discretion may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon upon its request the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series series, tenor and date of like tenor maturity in the same principal amount, bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or. In every case the applicant for a substituted Debt Security shall furnish to the Company and to 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 to the Trustee evidence to their satisfaction of the destruction, loss or theft of such Debt Security and of the ownership thereof. The Trustee shall authenticate any such substituted Debt Security and deliver the same upon the written request or authorization of any officer of the Company. Upon the issuance of any substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. In case any Debt Security which has matured or is about to mature shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security, pay or authorize the payment of the same (upon surrender thereof in the case of a mutilated Debt Security) if the applicant for such payment shall furnish to the Company and to the Trustee such security or indemnity as may be required by them to save each of them harmless, and, in case of destruction, loss or theft, evidence satisfactory to the Company and the Trustee of the destruction, loss or theft of such Debt Security and of the ownership thereof. Every substituted Debt Security of any mutilatedseries issued pursuant to the provisions of this Section 2.06 by virtue of the fact that any Debt Security of such series is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any such series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same such series duly issued under this Indenturehereunder. All Debt Securities of any series shall be held and owned upon the express condition that that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Debt Securities, Securities of such series and shall preclude, to the extent lawful, preclude any and all other rights or remedies, notwithstanding (to the extent permitted by applicable law) 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.

Appears in 1 contract

Samples: Nucor Corp

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (i) any mutilated Debt Security is surrendered to the Trustee at the Corporate Trust Office of the Trustee (in the case of Registered Securities) or (ii) the Partnership and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security, and there is delivered to the Partnership and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyPartnership nor the Trustee receives written notice that such Debt Security has been acquired by a bona fide purchaser, then the GuarantorsPartnership shall execute and, upon an Issuer Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by Outstanding. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Partnership may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen; or, the Partnership may, instead of issuing a substituted Debt Security, pay or authorize the 18 Subordinated Indenture payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall furnish the Partnership and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, and, in case of destruction, loss or theft, evidence to the satisfaction of the Partnership and the Trustee of the destruction, loss or theft of such Debt Security and of the ownership thereof. Every substituted Debt Security of any mutilatedseries issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Partnership, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series duly issued under this Indenturehereunder. All Debt Securities 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 Debt Securities, and shall preclude, to the extent lawful, preclude 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.

Appears in 1 contract

Samples: Kaneb Pipe Line Operating Partnership Lp

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any temporary or definitive Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and its discretion may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon upon its request the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor Security, bearing a serial number number, letter or other distinguishing mxxx not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)Outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or, if any mutilated, destroyed, lost or stolen . In every case the applicant for a substituted Debt Security shall furnish to the Company and to the Trustee such security or indemnity as may be required by them to save each of any series shall have matured them harmless, and, in every case of destruction, loss or be about to mature, instead of issuing a new Debt Securitytheft, the Companyapplicant shall also furnish to the Company and to the Trustee evidence to their satisfaction of the destruction, upon written loss or theft, of such Debt Security and of the ownership thereof. In the absence of notice to the Trustee or the Authenticating AgentCompany that such Debt Security has been acquired by a bona fide purchaser, may pay the Trustee shall authenticate any such substituted Debt Security and deliver the same without surrender upon any Company Request. Upon the issuance of the destroyed, lost or stolen any substituted Debt Security. The , the Company may require the payment of the expenses which a sum sufficient to cover any tax or other governmental charge that may be incurred by the Company imposed in relation thereto and any other expenses connected therewith. In case any Debt Security which has matured or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged is about to have been mature shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall furnish to the Company and to the Trustee such security or indemnity as may be required by them to save each of them harmless and, in case of destruction, loss or theft, evidence satisfactory to the Company and to the Trustee of the destruction, loss or theft of such Debt Security and of the ownership thereof. Every substituted Debt Security issued pursuant to the provisions of this Section 3.7 by virtue of the fact that any Debt Security is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company and the GuarantorsCompany, whether or not the Debt Security alleged to have been destroyed, lost or stolen Debt Security shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same series duly issued under this Indenturehereunder. All Debt Securities 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 Debt Securities, Securities and shall preclude, preclude (to the extent lawful, permitted by law) any and all other rights or remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary remedies with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Appears in 1 contract

Samples: Indenture (Gulf Island Services, L.L.C.)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (a) any mutilated Debt Security or any mutilated Coupon with the Coupon Security to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its corporate trust office (in the case of Registered Securities) or at its principal London office (in the case of Bearer Securities) or (b) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security or any Coupon, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any Paying Agent harmless, and neither the CompanyCompany nor the Trustee receives notice that such Debt Security or Coupon has been acquired by a bona fide purchaser, then the GuarantorsCompany shall execute and, upon a Company Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolenstolen Debt Security or in exchange for the Coupon Security to which such mutilated, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliverCoupon appertained, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing Outstanding, and, in the case of a Coupon Security, with such notation, if any, as may be required by Coupons attached thereto that neither gain nor loss in interest shall result from such exchange or substitution. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so or Coupon which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security or Coupon, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security or Coupon) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security or Coupon and of the ownership thereof; orprovided, however, that payment of principal of, and premium, if any, and interest on, Bearer Securities or Coupons shall, except as otherwise provided in Section 2.12, be payable only at an office or agency located outside the United States. Every substituted Debt Security of any mutilatedseries, with its Coupons, if any, issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security or Coupon is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen Coupon shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series and Coupons, if any, duly issued under this Indenturehereunder. All Debt Securities and Coupons, if any, 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 Debt SecuritiesSecurities or Coupons, and shall preclude, to the extent lawful, preclude 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.

Appears in 1 contract

Samples: Snyder Oil Corp

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (a) any mutilated Debt Security or any mutilated Coupon with the Coupon Security to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its corporate trust office (in the case of Registered Securities) or at its principal London office (in the case of Bearer Securities) or (b) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security or any Coupon, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyCompany nor the Trustee receives notice that such Debt Security or Coupon has been acquired by a protected purchaser, then the GuarantorsCompany shall execute and, upon a Company Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolenstolen Debt Security or in exchange for the Coupon Security to which such mutilated, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliverCoupon appertained, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing Outstanding, and, in the case of a Coupon Security, with such notation, if any, as may be required by Coupons attached thereto that neither gain nor loss in interest shall result from such exchange or substitution. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company may require the payment of a sum sufficient to cover any transfer tax, fee, assessment or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so or Coupon which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security or Coupon, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security or Coupon) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security or Coupon and of the ownership thereof; orprovided, however, that payment of principal of, and premium, if any, and interest on, Bearer Securities or Coupons shall, except as otherwise provided in Section 2.12, be payable only at an office or agency located outside the United States. Every substituted Debt Security of any mutilatedseries, with its Coupons, if any, issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security or Coupon is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen Coupon shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series and Coupons, if any, duly issued under this Indenturehereunder. All Debt Securities and Coupons, if any, 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 Debt SecuritiesSecurities or Coupons, and shall preclude, to the extent lawful, preclude 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.

Appears in 1 contract

Samples: Supplemental Indenture (Enterprise Products Partners L P)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any temporary or definitive Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and its discretion may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon upon its request the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series Series, tenor and date of like tenor maturity in the same principal amount, bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)Outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or. In every case, the applicant for a substituted Debt Security shall furnish to the Company and to the Trustee such security or indemnity as may be required by them to save each of them harmless, and, in case of destruction, loss or theft, the applicant shall also furnish to the Company and to the Trustee evidence to their satisfaction of the destruction, loss or theft of such Debt Security and of the ownership thereof. The Trustee shall authenticate any such substituted Debt Security and deliver the same upon the written request or authorization of any officer of the Company. Upon the issuance of any substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. In case any Debt Security which has matured or is about to mature shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security, pay or authorize the payment of the same (upon surrender thereof in the case of a mutilated Debt Security) if the applicant for such payment shall furnish to the Company and to the Trustee such security or indemnity as may be required by them to save each of them harmless, and, in case of destruction, loss or theft, evidence satisfactory to the Company and the Trustee of the destruction, loss or theft of such Debt Security and of the ownership thereof. Every substituted Debt Security of any mutilatedSeries issued pursuant to the provisions of this Section 2.06 by virtue of the fact that any Debt Security of such Series is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen such Series shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same series such Series duly issued under this Indenturehereunder. All Debt Securities of any Series shall be held and owned upon the express condition that that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Debt Securities, Securities of such Series and shall preclude, to the extent lawful, preclude any and all other rights or remedies, notwithstanding (to the extent permitted by applicable law) 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.

Appears in 1 contract

Samples: Indenture (Nucor Corp)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (a) any mutilated Debt Security is surrendered to the Trustee at its corporate trust office or (b) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyCompany nor the Trustee receives written notice that such Debt Security has been acquired by a bona fide purchaser, then the GuarantorsCompany shall execute and, upon a Company Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing such notationOutstanding. The Company or the Trustee shall require the payment of a sum sufficient to cover any tax, if anyfee, as assessment or other governmental charge that may be required by imposed in relation to the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated Debt Security, or in lieu of and in substitution for the substituted Debt Security so and any other expenses connected therewith. In case any Debt Security which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen; or, the Company may, instead of issuing a substituted Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security and of the ownership thereof. Every substituted Debt Security of any mutilatedseries issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series duly issued under this Indenturehereunder. All Debt Securities 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 Debt Securities, and shall preclude, to the extent lawful, preclude 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.

Appears in 1 contract

Samples: Indenture (RAIT Financial Trust)

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Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any temporary or definitive Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and its discretion may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon upon its request the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series Series, tenor and date of like tenor maturity in the same principal amount, bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)Outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or. In every case, the applicant for a substituted Debt Security shall furnish to the Company and to the Trustee such security or indemnity as may be required by them to save each of them harmless, and, in case of destruction, loss or theft, the applicant shall also furnish to the Company and to the Trustee evidence to their satisfaction of the destruction, loss or theft of such Debt Security and of the ownership thereof. The Trustee shall authenticate any such substituted Debt Security and deliver the same upon the written request or authorization of any officer of the Company. Upon the issuance of any substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. In case any Debt Security which has matured or is about to mature shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security, pay or authorize the payment of the same (upon surrender thereof in the case of a mutilated Debt Security) if the applicant for such payment shall furnish to the Company and to the Trustee such security or indemnity as may be required by them to save each of them harmless, and, in case of destruction, loss or theft, if the applicant shall also furnish to the Company and to the Trustee evidence to their satisfaction of the destruction, loss or theft of such Debt Security and of the ownership thereof. Every substituted Debt Security of any mutilatedSeries issued pursuant to the provisions of this Section 2.06 by virtue of the fact that any Debt Security of such Series is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen such Series shall be found at any time, and shall be equally and proportionately entitled to all of the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same series such Series duly issued under this Indenturehereunder. All Debt Securities of any Series shall be held and owned upon the express condition that that, to the extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Debt Securities, Securities of such Series and shall preclude, to the extent lawful, preclude any and all other rights or remedies, notwithstanding (to the extent permitted by applicable law) 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.

Appears in 1 contract

Samples: Indenture (Coca-Cola Consolidated, Inc.)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (a) any mutilated Debt Security or any mutilated Coupon with the Coupon Security to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its corporate trust office (in the case of Registered Securities) or at its principal London office (in the case of Bearer Securities) or (b) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security or any Coupon, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and none of the CompanyCompany nor the Trustee receives notice that such Debt Security or Coupon has been acquired by a bona fide purchaser, then the GuarantorsCompany shall execute and, upon a Company Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolenstolen Debt Security or in exchange for the Coupon Security to which such mutilated, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliverCoupon appertained, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing Outstanding, and, in the case of a Coupon Security, with such notation, if any, as may be required by Coupons attached thereto that neither gain nor loss in interest shall result from such exchange or substitution. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax, fee, assessment or other governmental charge that may be imposed in lieu relation thereto and any other expenses (including the fees and expenses of and in substitution for the Trustee) connected therewith. In case any Debt Security so or Coupon which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security or Coupon, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security or Coupon) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security or Coupon and of the ownership thereof; orprovided, however, that payment of principal of, and premium, if any, and interest on, Bearer Securities or Coupons shall, except as otherwise provided in Section 2.14, be payable only at an office or agency located outside the United States. Every substituted Debt Security of any mutilatedseries, with its Coupons, if any, issued pursuant to the provisions of this Section 2.11 by virtue of the fact that any Debt Security or Coupon is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen Coupon shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series and Coupons, if any, duly issued under this Indenturehereunder. All Debt Securities and Coupons, if any, 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 Debt SecuritiesSecurities or Coupons, and shall preclude, to the extent lawful, preclude 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.

Appears in 1 contract

Samples: Texas Capital Bancshares Inc/Tx

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any certificated Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company shall issue an uncertificated, substituted Debt Security or shall execute and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliver, deliver a new certificated Debt Security of the same series of like tenor bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or, if any mutilated, destroyed, lost or stolen . In every case the applicant for a substituted Debt Security shall furnish to the Company 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 evidence to their satisfaction of the destruction, loss or theft of such Debt Security and of the ownership thereof. Upon the issuance of any series shall have matured or be about to mature, instead of issuing a new substituted Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require the payment of the expenses which a sum sufficient to cover any tax or other governmental charge that may be incurred by the Company imposed in relation thereto and any other expenses connected therewith. In case any Debt Security which has matured or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent is about to mature or has been called for redemption in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been full shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall furnish to the Company such security or indemnity as may be required by them to save each of them harmless and, in case of destruction, loss or theft, evidence satisfactory to the Company of the destruction, loss or theft of such Security and of the ownership thereof. Every substituted Debt Security issued pursuant to the provisions of this Section 2.5 by virtue of the fact that any such Debt Security is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company and the GuarantorsCompany, whether or not the Debt Security alleged to have been destroyed, lost or stolen Debt Security shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture Securityholders Agreement equally and proportionately with any and all other Debt Securities of the same series duly issued under this Indenturehereunder. All Debt Securities shall be held and owned upon the express condition that that, to the extent permitted by applicable law, the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Debt Securities, Securities and shall preclude, to the extent lawful, preclude 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 or payment of negotiable instruments or other securities without their surrender.

Appears in 1 contract

Samples: Securityholders Agreement (Uwharrie Capital Corp)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that any Debt Security of any series has been mutilated, destroyed, lost or stolen, and upon receipt of an indemnity bond from the Holder (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory that is sufficient in the judgment of the Trustee and the Company to themprotect the Company, Trustee, Authenticating Agent or any other agent from any loss that any of them may suffer if a Debt Security is replaced, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock securities exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or, if any mutilated, destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, provisions of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, stolen shall constitute an additional contractual obligation of the Company and the GuarantorsCompany, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, and shall be equally and proportionately entitled to the benefits of this Indenture with all other Debt Securities of the same series issued under this Indenture. All Debt Securities 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 Debt Securities, 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.

Appears in 1 contract

Samples: Park Ohio Holdings Corp

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, shall execute, and thereupon upon its written request the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or, if any mutilated, destroyed, lost or stolen . In every case the applicant for a substituted Debt Security shall furnish to the Company, the Guarantor and the Trustee such security or indemnity as may be required by them to save each of them harmless, and, in every ease of destruction, loss or theft, the applicant shall also furnish to the Company, the Guarantor and the Trustee evidence to their satisfaction of the destruction, loss or theft of such Debt Security and of the ownership thereof. The Trustee may authenticate any such substituted Debt Security and deliver the same upon the written request or authorization of any series shall have matured or be about to mature, instead officer of issuing a new the Company. Upon the issuance of any substituted Debt Security, the Company, upon written notice to Company and the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company Guarantor may require the payment of the expenses which a sum sufficient to cover any tax or other governmental charge that may be incurred by the Company imposed in relation thereto and any other expenses connected therewith. In case any Debt Security which has matured or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent is about to mature or has been called for redemption in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been full shall become mutilated or be destroyed, lost or stolen, the Company and the Guarantor (without duplication) may, instead of the Company issuing a substitute Debt Security, pay or authorize the payment of the • same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall furnish to the Company, the Guarantor and the Trustee such security or indemnity as may be required by them to save each of them harmless and, in case of destruction, loss or theft, evidence satisfactory to the Company, the Guarantor and the Trustee of the destruction, loss or theft of such Security and of the ownership thereof. Every substituted Debt Security issued pursuant to the provisions of this Section 2.06 by virtue of the fact that any such Debt Security is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company and the GuarantorsGuarantor, whether or not the Debt Security alleged to have been destroyed, lost or stolen Debt Security shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same series duly issued under this Indenturehereunder. All Debt Securities shall be held and owned upon the express condition that that, to the extent permitted by applicable law, the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Debt Securities, Securities and shall preclude, to the extent lawful, preclude 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 or payment of negotiable instruments or other securities without their surrender.

Appears in 1 contract

Samples: Kingsway Financial Services Inc

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any temporary or definitive Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and (subject to the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, next succeeding sentence) shall execute, and thereupon upon the Company's request, the Trustee or the Authenticating Agent (subject as aforesaid) shall authenticate and deliver, a new Debt Security of the same series of like tenor series, bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or. In every case the applicant for a substituted Debt Security 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 Debt Security and of the ownership thereof. The Trustee may authenticate any such substituted Debt Security and deliver the same upon the written request or authorization of any officer of the Company. Upon the issuance of any substituted Debt Security, 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 Debt Security 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 Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if any 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 Debt Security and of the ownership thereof. Every replacement Debt Security 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 Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, or be enforceable by anyone, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same series duly issued under this Indenturehereunder. All Debt Securities 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 Debt Securities, and shall preclude, 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. SECTION 2.08.

Appears in 1 contract

Samples: Illinova Corp

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (a) any mutilated Debt Security is surrendered to the Trustee at its corporate trust office or (b) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyCompany nor the Trustee receives notice that such Debt Security has been acquired by a bona fide purchaser, then the GuarantorsCompany shall execute and, upon a Company Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by Outstanding. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company or the Trustee may require the payment of a sum sufficient to cover any tax, fee, assessment or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen; or, the Company may, instead of issuing a substituted Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security and of the ownership thereof. Every substituted Debt Security of any mutilatedseries issued pursuant to the provisions of this Section 2.9 by virtue of the fact that any Debt Security is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series duly issued under this Indenturehereunder. All Debt Securities 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 Debt Securities, and shall preclude, to the extent lawful, preclude 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.

Appears in 1 contract

Samples: Rayonier Inc

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any temporary or definitive Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, shall execute, and thereupon upon its request the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or, if any mutilated, destroyed, lost or stolen . In every case the applicant for a substituted Debt Security 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 such Debt Security and of the ownership thereof. The Trustee may authenticate any such substituted Debt Security and deliver the same upon the written request or authorization of any series shall have matured or be about to mature, instead officer of issuing a new the Company. Upon the issuance of any substituted Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require the payment of the expenses which a sum sufficient to cover any tax or other governmental charge that may be incurred by the Company imposed in relation thereto and any other expenses connected therewith. In case any Debt Security which has matured or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent is about to mature or has been called for redemption in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been full shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall constitute an additional contractual obligation of furnish to the Company and the GuarantorsTrustee such security or indemnity as may be required by them to save each of them harmless and, whether in case of destruction, loss or not the Debt Security alleged to have been destroyedtheft, lost or stolen shall be found at any time, and shall be equally and proportionately entitled evidence satisfactory to the benefits of this Indenture with all other Debt Securities Company and to the Trustee of the same series issued under this Indenture. All Debt Securities shall be held destruction, loss or theft of such Security and owned upon of the express condition that the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Debt Securities, 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 surrenderownership thereof.

Appears in 1 contract

Samples: Indenture (Transamerica Capital Iii)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon If (i) any mutilated Debt Security or any mutilated Coupon with the Coupon Security to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its corporate trust office (in the case of Registered Securities) or at its principal London office (in the case of Bearer Securities) or (ii) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security or any Coupon, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the Company nor the Trustee receives notice that such Debt Security or Coupon has been acquired by a bona fide purchaser, then the Company shall execute and, upon receipt by of a Company Order requesting the Company, the Guarantorsauthentication and delivery, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolenstolen Debt Security or in exchange for the Coupon Security to which such mutilated, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliverCoupon appertained, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing Outstanding, and, in the case of a Coupon Security, with such notation, if any, as may be required by Coupons attached thereto that neither gain nor loss in interest shall result from such exchange or substitution. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so or Coupon which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security or Coupon, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security or Coupon) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security or Coupon and of the ownership thereof; orprovided, however, that payment of principal of, and premium, if any, -------- ------- and interest on, Bearer Securities or Coupons shall, except as otherwise provided in Section 2.12, be payable only at an office or agency located outside the United States. Every substituted Debt Security of any mutilatedseries, with its Coupons, if any, issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security or Coupon is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen Coupon shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series and Coupons, if any, duly issued under this Indenturehereunder. All Debt Securities and Coupons, if any, 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 Debt SecuritiesSecurities or Coupons, and shall preclude, to the extent lawful, preclude 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.

Appears in 1 contract

Samples: Electronic Data Systems Corp /De/

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, shall execute, and thereupon upon its written request the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or, if any mutilated, destroyed, lost or stolen . In every case the applicant for a substituted Debt Security 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 such Debt Security and of the ownership thereof. The Trustee may authenticate any such substituted Debt Security and deliver the same upon the written request or authorization of any series shall have matured or be about to mature, instead officer of issuing a new the Company. Upon the issuance of any substituted Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require the payment of the expenses which a sum sufficient to cover any tax or other governmental charge that may be incurred by the Company imposed in relation thereto and any other expenses connected therewith. In case any Debt Security which has matured or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent is about to mature or has been called for redemption in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been full shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall constitute an additional contractual obligation of furnish to the Company and the GuarantorsTrustee such security or indemnity as may be required by them to save each of them harmless and, whether in case of destruction, loss or not the Debt Security alleged to have been destroyedtheft, lost or stolen shall be found at any time, and shall be equally and proportionately entitled evidence satisfactory to the benefits of this Indenture with all other Debt Securities Company and to the Trustee of the same series issued under this Indenture. All Debt Securities shall be held destruction, loss or theft of such Security and owned upon of the express condition that the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Debt Securities, 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 surrenderownership thereof.

Appears in 1 contract

Samples: Employment Agreement (Columbia Bancorp \Or\)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (a) any mutilated Debt Security or any mutilated Coupon with the Coupon Security to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its corporate trust office (in the case of Registered Securities) or at its principal London office (in the case of Bearer Securities) or (b) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security or any Coupon, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyCompany nor the Trustee receives notice that such Debt Security or Coupon has been acquired by a bona fide purchaser, then the GuarantorsCompany shall execute and, upon a Company Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolenstolen Debt Security or in exchange for the Coupon Security to which such mutilated, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliverCoupon appertained, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing Outstanding, and, in the case of a Coupon Security, with such notation, if any, as may be required by Coupons attached thereto that neither gain nor loss in interest shall result from such exchange or substitution. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so or Coupon which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security or Coupon, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security or Coupon) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security or Coupon and of the ownership thereof; orPROVIDED, HOWEVER, that payment of principal of, and premium, if any, and interest on, Bearer Securities or Coupons shall, except as otherwise provided in Section 2.12, be payable only at an office or agency located outside the United States. Every substituted Debt Security of any mutilatedseries, with its Coupons, if any, issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security or Coupon is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen Coupon shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series and Coupons, if any, duly issued under this Indenturehereunder. All Debt Securities and Coupons, if any, 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 Debt SecuritiesSecurities or Coupons, and shall preclude, to the extent lawful, preclude 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.

Appears in 1 contract

Samples: Meridian Industrial Trust Inc

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon If ---------------------------------------------------- (i) any mutilated Debt Security or any mutilated Coupon with the Coupon Security to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its corporate trust office (in the case of Registered Securities) or at its principal London office (in the case of Bearer Securities) or (ii) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security or any Coupon, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the Company nor the Trustee receives notice that such Debt Security or Coupon has been acquired by a bona fide purchaser, then the Company shall execute and, upon receipt by of a Company Order requesting the Company, the Guarantorsauthentication and delivery, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolenstolen Debt Security or in exchange for the Coupon Security to which such mutilated, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliverCoupon appertained, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing Outstanding, and, in the case of a Coupon Security, with such notation, if any, as may be required by Coupons attached thereto that neither gain nor loss in interest shall result from such exchange or substitution. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so or Coupon which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security or Coupon, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security or Coupon) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security or Coupon and of the ownership thereof; orprovided, however, that payment of principal of, and premium, if any, and interest on, Bearer Securities or Coupons shall, except as otherwise provided in Section 2.12, be payable only at an office or agency located outside the United States. Every substituted Debt Security of any mutilatedseries, with its Coupons, if any, issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security or Coupon is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen Coupon shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series and Coupons, if any, duly issued under this Indenturehereunder. All Debt Securities and Coupons, if any, 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 Debt SecuritiesSecurities or Coupons, and shall preclude, to the extent lawful, preclude 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.

Appears in 1 contract

Samples: Electronic Data Systems Corp /De/

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any temporary or definitive Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, shall execute, and thereupon upon its written request the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or, if any mutilated, destroyed, lost or stolen . In every case the applicant for a substituted Debt Security 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 such Debt Security and of the ownership thereof. The Trustee may authenticate any such substituted Debt Security and deliver the same upon the written request or authorization of any series shall have matured or be about to mature, instead officer of issuing a new the Company. Upon the issuance of any substituted Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require the payment of the expenses which a sum sufficient to cover any tax or other governmental charge that may be incurred by the Company imposed in relation thereto and any other expenses connected therewith. In case any Debt Security which has matured or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent is about to mature or has been called for redemption in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been full shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment 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 case of destruction, loss or theft, evidence satisfactory to the Company and to the Trustee of the destruction, loss or theft of such Security and of the ownership thereof. Every substituted Debt Security of any series issued pursuant to the provisions of this Section 2.08 by virtue of the fact that any such Debt Security is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company and the GuarantorsCompany, whether or not the Debt Security alleged to have been destroyed, lost or stolen Debt Security shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same series duly issued under this Indenturehereunder. All Debt Securities shall be held and owned upon the express condition that that, to the extent permitted by applicable law, the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Debt Securities, Securities and shall preclude, to the extent lawful, preclude 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 or payment of negotiable instruments or other securities without their surrender.

Appears in 1 contract

Samples: Indenture (Mercantile Capital Trust I)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory In case any temporary or definitive Debt Security or any Coupon appertaining to them that any Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt SecuritySecurity or Coupon shall, and may in the case of a lost, stolen stolen, or destroyed Debt SecuritySecurity may in its discretion, executeexecute and, and thereupon upon the written request or authorization of any officer of the Company, the Trustee or the Authenticating Agent shall authenticate and deliver, deliver a new Debt Security or Coupon of the same series of like tenor series, as bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed)Outstanding, in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt SecuritySecurity or Coupon, or in lieu of and in substitution for the Debt Security or Coupon so destroyed, lost or stolen; or, if any stolen with (in the case of mutilated, destroyedlost, lost stolen or stolen destroyed Debt Securities) Coupons corresponding to the Coupons appertaining to such Debt Securities. In every case the applicant for a substituted Debt Security of any series or Coupon shall have matured or be about furnish to mature, instead of issuing a new Debt Security, the Company, upon written notice Company and to 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 Authenticating Agent, may pay applicant shall also furnish to the same without surrender Company and to the Trustee evidence to their satisfaction of the destroyeddestruction, lost loss or stolen theft of such Debt SecuritySecurity or Coupon and of the ownership thereof. The Upon the issuance of any substituted Debt Security or Coupon, the Company may require the payment of the expenses which a sum sufficient to cover any tax or other governmental charge that may be incurred by the Company imposed in relation thereto and any other expenses connected therewith. In case any Debt Security or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged Coupon which has matured or is about to have been mature shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security or Coupon, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security or Coupon) if the applicant for such payment shall furnish to the Company and to the Trustee such security or indemnity as may be required by them to save each of them harmless and, in case of destruction, loss or theft, evidence satisfactory to the Company and the Trustee of the destruction, loss or theft of such Debt Security or Coupon and the ownership thereof. Every substituted Debt Security or Coupon issued pursuant to the provisions of this Section 2.07 by virtue of the fact that any Debt Security or Coupon is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company and the GuarantorsCompany, whether or not the Debt Security alleged to have been destroyed, lost or stolen Debt Security or Coupon shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities or Coupons of the same series duly issued under this Indenturehereunder. All Debt Securities and Coupons 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 Debt Securities, Securities and Coupons and shall preclude, preclude (to the extent lawful, ) any and all other rights or remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary remedies with respect to the replacement or payment of negotiable instruments or other securities without their surrender.

Appears in 1 contract

Samples: General Electric Capital Corp

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (i) any mutilated Debt Security or any mutilated Coupon with the Coupon Security to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at the Corporate Trust Office of the Trustee (in the case of Registered Securities) or at its principal London office (in the case of Bearer Securities) or (ii) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security or any Coupon, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyCompany nor the Trustee receives notice that such Debt Security or Coupon has been acquired by a bona fide purchaser, then the GuarantorsCompany shall execute and, upon a Company Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security make available for delivery, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolenstolen Debt Security or in exchange for such mutilated, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company Coupon and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliverCoupon Security (together with all unmatured Coupons attached thereto) to which such Coupon appertained, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing Outstanding, and, in the case of a Coupon Security, with such notation, if any, as may be required by Coupons attached thereto that neither gain nor loss in interest shall result from such exchange or substitution. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so or Coupon which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security or Coupon, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security or Coupon) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security or Coupon and of the ownership thereof; orprovided, however, that payment of principal of, and premium, if any, and interest on, Bearer Securities or Coupons shall, except as otherwise provided in Section 2.12, be payable only at an office or agency located outside the United States. Every substituted Debt Security of any mutilatedseries, with its Coupons, if any, issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security or Coupon is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen Coupon shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series and Coupons, if any, duly issued under this Indenturehereunder. All Debt Securities and Coupons, if any, 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 Debt SecuritiesSecurities or Coupons, and shall preclude, to the extent lawful, preclude 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.

Appears in 1 contract

Samples: Guarantee Agreement (Methanex Corp)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (i) any mutilated Debt Security or any mutilated Coupon with the Coupon Security to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its corporate trust office (in the case of Registered Securities) or at its principal London office (in the case of Bearer Securities) or (ii) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security or any Coupon, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyCompany nor the Trustee receives notice that such Debt Security or Coupon has been acquired by a bona fide purchaser, then the GuarantorsCompany shall execute and, upon a Company Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolenstolen Debt Security or in exchange for the Coupon Security to which such mutilated, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliverCoupon appertained, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing Outstanding, and, in the case of a Coupon Security, with such notation, if any, as may be required by Coupons attached thereto that neither gain nor loss in interest shall result from such exchange or substitution. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so or Coupon which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security or Coupon, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security or Coupon) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security or Coupon and of the ownership thereof; orprovided, however, that payment of -------- ------- principal of, and premium, if any, and interest on, Bearer Securities or Coupons shall, except as otherwise provided in Section 2.12, be payable only at an office or agency located outside the United States. Every substituted Debt Security of any mutilatedseries, with its Coupons, if any, issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security or Coupon is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen Coupon shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series and Coupons, if any, duly issued under this Indenturehereunder. All Debt Securities and Coupons, if any, 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 Debt SecuritiesSecurities or Coupons, and shall preclude, to the extent lawful, preclude 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.

Appears in 1 contract

Samples: Chirex Inc

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (a) any mutilated Debt Security or any mutilated Coupon with the Coupon Security to which it appertains (and all unmatured Coupons attached thereto) is surrendered to the Trustee at its corporate trust office (in the case of Registered Securities) or at its principal London office (in the case of Bearer Securities) or (b) the Company and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security or any Coupon, and there is delivered to the Company and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and none of the CompanyCompany nor the Trustee receives notice that such Debt Security or Coupon has been acquired by a bona fide purchaser, then the GuarantorsCompany shall execute and, upon a Company Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or in lieu of any series has been such mutilated, destroyed, lost or stolenstolen Debt Security or in exchange for the Coupon Security to which such mutilated, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliverCoupon appertained, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing Outstanding, and, in the case of a Coupon Security, with such notation, if any, as may be required by Coupons attached thereto that neither gain nor loss in interest shall result from such exchange or substitution. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Company may require the payment of a sum sufficient to cover any tax, fee, assessment or other governmental charge that may be imposed in lieu relation thereto and any other expenses (including the fees and expenses of and in substitution for the Trustee) connected therewith. In case any Debt Security so or Coupon which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Debt Security or Coupon, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security or Coupon) if the applicant for such payment shall furnish the Company and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, 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 Debt Security or Coupon and of the ownership thereof; orprovided, however, that payment of principal of, and premium, if any, and interest on, Bearer Securities or Coupons shall, except as otherwise provided in Section 2.14, be payable only at an office or agency located outside the United States. Every substituted Debt Security of any mutilatedseries, with its Coupons, if any, issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security or Coupon is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Company, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen Coupon shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same that series and Coupons, if any, duly issued under this Indenturehereunder. All Debt Securities and Coupons, if any, 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 Debt SecuritiesSecurities or Coupons, and shall preclude, to the extent lawful, preclude 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.

Appears in 1 contract

Samples: Indenture (American Oil & Gas Inc)

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt If (i) any mutilated Debt Security is surrendered to the Trustee at the Corporate Trust Office of the Trustee (in the case of Registered Securities) or (ii) the Issuers and the Trustee receive evidence to their satisfaction of the destruction, loss or theft of any Debt Security, and there is delivered to the Issuers and the Trustee such security or indemnity as may be required by them to save each of them and any paying agent harmless, and neither the CompanyIssuers nor the Trustee receives written notice that such Debt Security has been acquired by a bona fide purchaser, then the GuarantorsIssuers shall execute and, upon an Issuer Order, the Trustee shall authenticate and the Authenticating Agent of evidence satisfactory to them that any Debt Security deliver, in exchange for or 15 21 in lieu of any series has been such mutilated, destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt Security, and may in the case of a lost, stolen or destroyed Debt Security, execute, and thereupon the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor tenor, form, terms and principal amount, bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by Outstanding. Upon the rules issuance of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, the mutilated substituted Debt Security, the Issuers may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in lieu of relation thereto and in substitution for the any other expenses connected therewith. In case any Debt Security so which has matured or is about to mature or which has been called for redemption shall become mutilated or be destroyed, lost or stolen; or, the Issuers may, instead of issuing a substituted Debt Security, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment shall furnish the Issuers and the Trustee with such security or indemnity as either may require to save it harmless from all risk, however remote, and, in case of destruction, loss or theft, evidence to the satisfaction of the Issuers and the Trustee of the destruction, loss or theft of such Debt Security and of the ownership thereof. Every substituted Debt Security of any mutilatedseries issued pursuant to the provisions of this Section 2.09 by virtue of the fact that any Debt Security is destroyed, lost or stolen shall constitute an original additional contractual obligation of the Issuers, whether or not the destroyed, lost or stolen Debt Security of any series shall have matured or be about to mature, instead of issuing a new Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require payment of the expenses which may be incurred by the Company or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged to have been destroyed, lost or stolen, shall constitute an additional contractual obligation of the Company and the Guarantors, whether or not the Debt Security alleged to have been destroyed, lost or stolen shall be found at any time, and shall be entitled to all the benefits of the Indenture equally and proportionately entitled to the benefits of this Indenture with any and all other Debt Securities of the same that series duly issued under this Indenturehereunder. All Debt Securities 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 Debt Securities, and shall preclude, to the extent lawful, preclude 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, in each case to the fullest extent permitted by law.

Appears in 1 contract

Samples: Eott Energy Operating Lp

Mutilated, Destroyed, Lost or Stolen Debt Securities. Upon receipt by the Company, the Guarantors, the Trustee and the Authenticating Agent of evidence satisfactory to them that In case any temporary or definitive Debt Security of any series has been mutilated, shall become mutilated or be destroyed, lost or stolen, and upon receipt of indemnity (and in case of a destroyed, lost or stolen Debt Security, proof of ownership) satisfactory to them, the Company and the Guarantors shall, in the case of a mutilated Debt SecuritySecurity shall, and may in the case of a lost, stolen or destroyed Debt SecuritySecurity may in its discretion, executeexecute and, and thereupon upon the written request or authorization of any officer of the Company, the Trustee or the Authenticating Agent shall authenticate and deliver, a new Debt Security of the same series of like tenor series, bearing a serial number not contemporaneously outstanding (bearing such notation, if any, as may be required by the rules of any stock exchange upon which the Debt Securities of the same series are listed or are to be listed), in exchange and substitution for, and upon surrender and cancellation of, for the mutilated Debt Security, or in lieu of and in substitution for the Debt Security so destroyed, lost or stolen; or, if any mutilated, destroyed, lost or stolen . In every case the applicant for a substituted Debt Security 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 such Debt Security and of the ownership thereof. Upon the issuance of any series shall have matured or be about to mature, instead of issuing a new substitute Debt Security, the Company, upon written notice to the Trustee or the Authenticating Agent, may pay the same without surrender of the destroyed, lost or stolen Debt Security. The Company may require the payment of the expenses which a sum sufficient to cover any tax or other governmental charge that may be incurred by the Company imposed in relation thereto and any other expenses connected therewith. In case any Debt Security which has matured or any agent thereof and the charges and expenses of the Trustee and the Authenticating Agent in the premises. Any series of Debt Securities issued under the provisions, of this Section 2.9 in lieu of any series of Debt Securities alleged is about to have been mature shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substitute Debt Security, pay or authorize the payment of such Debt Security (without surrender thereof except in the case of a mutilated Debt Security) if the applicant for such payment 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 case of destruction, loss or theft, evidence satisfactory to the Company and the Trustee of the destruction, loss or theft of such Debt Security and the ownership thereof. Every substitute Debt Security issued pursuant to the provisions of this Section 2.07 by virtue of the fact that any Debt Security is destroyed, lost or stolen shall constitute an additional contractual obligation of the Company and the Guarantorsas herein provided, whether or not the Debt Security alleged to have been destroyed, lost or stolen Debt Security shall be found at any time, and shall be equally and proportionately entitled to all the benefits of this Indenture equally and proportionately with any and all other Debt Securities of the same series duly issued under this Indenturehereunder. All Debt Securities 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 Debt Securities, Securities and shall preclude, preclude (to the extent lawful, ) any and all other rights or remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary remedies with respect to the replacement or payment of negotiable instruments or other securities without their surrender. SECTION 2.08.

Appears in 1 contract

Samples: McDonalds Corp

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