Common use of Mutilated, Destroyed, Lost or Stolen Energy Transition Bonds Clause in Contracts

Mutilated, Destroyed, Lost or Stolen Energy Transition Bonds. If (a) any mutilated Energy Transition Bond is surrendered to the Indenture Trustee or the Indenture Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Energy Transition Bond and (b) there is delivered to the Indenture Trustee such security or indemnity as may be required by it to hold the Issuer and the Indenture Trustee harmless, then, in the absence of notice to the Issuer, the Energy Transition Bond Registrar or the Indenture Trustee that such Energy Transition Bond has been acquired by a Protected Purchaser, the Issuer shall, provided that the requirements of Section 8-401 of the UCC are met, execute, and, upon the Issuer’s written request, the Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Energy Transition Bond, a replacement Energy Transition Bond of like Series, Tranche and principal amount, bearing a number not contemporaneously outstanding; provided, however, that, if any such destroyed, lost or stolen Energy Transition Bond, but not a mutilated Energy Transition Bond, shall have become or within seven days shall be due and payable, instead of issuing a replacement Energy Transition Bond, the Issuer may pay such destroyed, lost or stolen Energy Transition Bond when so due or payable without surrender thereof. If, after the delivery of such replacement Energy Transition Bond or payment of a destroyed, lost or stolen Energy Transition Bond pursuant to the proviso to the preceding sentence, a Protected Purchaser of the original Energy Transition Bond in lieu of which such replacement Energy Transition Bond was issued presents for payment such original Energy Transition Bond, the Issuer and the Indenture Trustee shall be entitled to recover such replacement Energy Transition Bond (or such payment) from the Person to whom it was delivered or any Person taking such replacement Energy Transition Bond from such Person to whom such replacement Energy Transition Bond was delivered or any assignee of such Person, except a Protected Purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Issuer or the Indenture Trustee in connection therewith. Upon the issuance of any replacement Energy Transition Bond under this Section 2.06, the Issuer and/or the Indenture Trustee may require the payment by the Holder of such Energy Transition Bond of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Indenture Trustee and the Energy Transition Bond Registrar) in connection therewith. Every replacement Energy Transition Bond issued pursuant to this Section 2.06 in replacement of any mutilated, destroyed, lost or stolen Energy Transition Bond shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Energy Transition Bond shall be found at any time or enforced by any Person, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Energy Transition Bonds duly issued hereunder. The provisions of this Section 2.06 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 Energy Transition Bonds.