Common use of Mutilated, Destroyed, Lost or Stolen Environmental Trust Bonds Clause in Contracts

Mutilated, Destroyed, Lost or Stolen Environmental Trust Bonds. If (a) any mutilated Environmental Trust Bond is surrendered to the Indenture Trustee or the Indenture Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Environmental Trust 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 Environmental Trust Bond Registrar or the Indenture Trustee that such Environmental Trust 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 Environmental Trust Bond, a replacement Environmental Trust Bond of like Tranche and principal amount, bearing a number not contemporaneously outstanding; provided, however, that, if any such destroyed, lost or stolen Environmental Trust Bond, but not a mutilated Environmental Trust Bond, shall have become or within seven (7) days shall be due and payable, instead of issuing a replacement Environmental Trust Bond, the Issuer may pay such destroyed, lost or stolen Environmental Trust Bond when so due or payable without surrender thereof. If, after the delivery of such replacement Environmental Trust Bond or payment of a destroyed, lost or stolen Environmental Trust Bond pursuant to the proviso to the preceding sentence, a Protected Purchaser of the original Environmental Trust Bond in lieu of which such replacement Environmental Trust Bond was issued presents for payment such original Environmental Trust Bond, the Issuer and the Indenture Trustee shall be entitled to recover such replacement Environmental Trust Bond (or such payment) from the Person to whom it was delivered or any Person taking such replacement Environmental Trust Bond from such Person to whom such replacement Environmental Trust 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 Environmental Trust Bond under this Section 2.06, the Issuer and/or the Indenture Trustee may require the payment by the Holder of such Environmental Trust 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 Environmental Trust Bond Registrar) in connection therewith. Every replacement Environmental Trust Bond issued pursuant to this Section 2.06 in replacement of any mutilated, destroyed, lost or stolen Environmental Trust Bond shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Environmental Trust 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 Environmental Trust 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 Environmental Trust Bonds.