Common use of Mutilated, Destroyed, Lost or Stolen Definitive Certificates Clause in Contracts

Mutilated, Destroyed, Lost or Stolen Definitive Certificates. If (i) any mutilated Definitive Certificate is surrendered to the Trustee or the Certificate Registrar, or (ii) the Trustee receives evidence to its satisfaction of the destruction, loss or theft of the Definitive Certificate, and there is delivered to the Trustee such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to the Trustee that such Definitive Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Definitive Certificate, a new Definitive Certificate. Upon the issuance of any new Definitive Certificates under this Section 5.3, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Definitive Certificates issued pursuant to this Section 5.3 shall constitute complete and indefeasible evidence of ownership in the Trust as if originally issued, whether or not the lost or stolen Definitive Certificates shall be found at any time.

Appears in 8 contracts

Samples: Fannie Mae, Trust Agreement, Fannie Mae

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Mutilated, Destroyed, Lost or Stolen Definitive Certificates. If (i) any mutilated Definitive Certificate is surrendered to the Trustee Xxxxxx Mae or the Certificate Registrar, Registrar or (ii) the Trustee Xxxxxx Xxx receives evidence to its satisfaction of the destruction, loss or theft of the Definitive Certificate, and there is delivered to the Trustee Xxxxxx Mae such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to the Trustee Xxxxxx Xxx that such Definitive Certificate has been acquired by a bona fide purchaser, the Trustee Xxxxxx Mae shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Definitive Certificate, a new Definitive Certificate. Upon the issuance of any new Definitive Certificates under this Section 5.3, the Trustee Xxxxxx Xxx 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 Certificate Registrar) connected therewith. Any duplicate Definitive Certificates issued pursuant to this Section 5.3 shall constitute complete and indefeasible evidence of ownership in the Trust (or the Middle Tier REMIC in the case of the RM Class Certificate, or the Lower Tier REMIC in the case of the RL Class Certificate) as if originally issued, whether or not the lost or stolen Definitive Certificates shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

Mutilated, Destroyed, Lost or Stolen Definitive Certificates. If (i) any mutilated Definitive Certificate is surrendered to the Trustee or the Certificate RegistrarTrustee, or (ii) the Trustee receives evidence to its satisfaction of the destruction, loss or theft of the any Definitive Certificate, and (ii) there is delivered to the Trustee such security or indemnity (or, if required by the Trustee, an indemnity bond), at the expense of the holder of such Definitive Certificate, as may be required by it the Trustee to save it harmless, then, then in the absence of notice to the Trustee that such Definitive Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and the Certificate Registrar shall execute, authenticate and make availabledeliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Definitive Certificate, a new Definitive CertificateCertificate of like Original Principal Amount. Upon the issuance of any new Definitive Certificates Certificate under this Section 5.36.03, the Trustee may require the payment by the Certificateholder 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 Certificate RegistrarTrustee) connected therewith. Any duplicate Definitive Certificates Certificate issued pursuant to this Section 5.3 6.03 shall constitute complete and indefeasible evidence of ownership of an Interest in the Trust Trust, as if originally issued, whether or not the mutilated, destroyed, lost or stolen Definitive Certificates Certificate shall be found at any time.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Resource America Inc)

Mutilated, Destroyed, Lost or Stolen Definitive Certificates. If (i) any mutilated Definitive Certificate is surrendered to the Trustee Xxxxxx Mae or the Certificate Registrar, or (ii) the Trustee Xxxxxx Xxx receives evidence to its satisfaction of the destruction, loss or theft of the Definitive Certificate, and there is delivered to the Trustee Xxxxxx Mae such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to the Trustee Xxxxxx Xxx that such Definitive Certificate has been acquired by a bona fide purchaser, the Trustee Xxxxxx Mae shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Definitive Certificate, a new Definitive Certificate. Upon the issuance of any new Definitive Certificates under this Section 5.3, the Trustee Xxxxxx Xxx 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 Certificate Registrar) connected therewith. Any duplicate Definitive Certificates issued pursuant to this Section 5.3 shall constitute complete and indefeasible evidence of ownership in the Trust or the Lower-Tier REMIC, in the case of the Class RL Certificate) as if originally issued, whether or not the lost or stolen Definitive Certificates shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

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Mutilated, Destroyed, Lost or Stolen Definitive Certificates. If (i) any mutilated Definitive Certificate is surrendered to the Trustee Xxxxxx Xxx or the Certificate Registrar, or (ii) the Trustee Xxxxxx Mae receives evidence to its satisfaction of the destruction, loss or theft of the Definitive Certificate, and there is delivered to the Trustee Xxxxxx Xxx such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to the Trustee Xxxxxx Mae that such Definitive Certificate has been acquired by a bona fide purchaser, the Trustee Xxxxxx Xxx shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Definitive Certificate, a new Definitive Certificate. Upon the issuance of any new Definitive Certificates under this Section 5.3, the Trustee Xxxxxx Mae 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 Certificate Registrar) connected therewith. Any duplicate Definitive Certificates issued pursuant to this Section 5.3 shall constitute complete and indefeasible evidence of ownership in the Trust Lower Tier REMIC or the Trust, as if originally issued, whether or not the lost or stolen Definitive Certificates shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

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