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

Mutilated, Destroyed, Lost or Stolen Notes. If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives the security or indemnity it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, or the Indenture Trustee that the Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives the security or indemnity it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any a mutilated Note is surrendered to the Indenture Trustee, then, in Registrar or if the absence Holder of notice to the Issuer, the a Note Registrar, or the Indenture Trustee claims that the Note has been acquired by a Protected Purchaserlost, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCCdestroyed or wrongfully taken, the Issuer shall execute, and on its request upon Issuer Order, the Indenture Trustee shall authenticate and deliver, in exchange make available for the Notedelivery, a replacement Note of the same Class for such mutilated, lost or stolen Note, of like tenor and principal amount, bearing a number not contemporaneously Outstanding if: (i) the requirements of Section 8-405 of the Uniform Commercial Code are met, (ii) the Holder satisfies any other reasonable requirements of the Trustee, and (iii) neither the Issuer nor the Trustee has received notice that such Note has been acquired by a protected purchaser (as defined in Section 8-303 of the Uniform Commercial Code). If required by the mutilatedTrustee or the Issuer, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead such Holder shall furnish an affidavit of issuing a replacement Note loss and indemnity bond sufficient in the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery judgment of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover to protect the replacement Note (or Issuer, the payment) from Trustee, the person to whom it was delivered Paying Agent, the Transfer Agent, the Registrar or any person taking co-Registrar and the replacement Note Custodian from the person to whom the replacement any loss that any of them may suffer if a Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. is replaced. (b) Upon the issuance of any replacement new Note under this SectionSection 2.10, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it in relation thereto and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. therewith. (c) Every replacement new Note issued pursuant to this Section 2.10 in replacement exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Issuer, any Note Guarantor and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost, lost or stolen Note is shall be at any time enforceable by anyone at any timeanyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Noteshereunder.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives the security or indemnity it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, or the Indenture Trustee that the Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives the security or indemnity it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, or the Indenture Trustee that the Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentencethis Section, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If (i) a mutilated Note is surrendered to the Indenture Trustee or the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, loss or theft of any a Note, then the Issuer will execute and, on Issuer Request, the Indenture Trustee will authenticate and deliver a replacement Note of the same Class and principal amount in exchange for or in lieu of the Note so long as (i) the Indenture Trustee receives the any security or indemnity required by it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence none of notice to the Issuer, the Note Registrar, Registrar or the Indenture Trustee have received notice that the Note has been acquired by a Protected Purchaserprotected purchaser, as defined in Section 8-303 of the UCC and if (iii) the requirements of Section 8-406 405 of the UCC are met and subject to Section 8-405 of the UCCmet. However, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, if any such destroyed, lost, lost or stolen Note is, (but not a mutilated Note) is due and payable within 15 days or within seven days becomes, payable, or is has been called for redemption, instead of issuing a replacement Note Note, the Issuer may pay the mutilated, destroyed, lost, lost or stolen Note when so due or payable or on its redemption date. If, after the delivery Redemption Date without surrender of the replacement Note or payment of Note. If a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser protected purchaser of the original Note in lieu of which the replacement Note was issued (or the payment made) presents it for paymentpayment the original Note, the Issuer and the Indenture Trustee may will be entitled to recover the replacement Note (or the payment) from the person Person to whom it was delivered or any person Person taking the replacement Note (or the payment) from the person Person to whom the replacement Note (or the payment) was delivered or any assignee of that personPerson, except a Protected Purchaserprotected purchaser, and may will be entitled to recover on the security or indemnity provided for it to the extent of replacement Note (or the payment) for any expense cost, expense, loss, damage, claim or liability incurred by the Issuer or the Indenture Trustee in connection with it. Upon the replacement Note (or the payment). (b) On the issuance of any replacement Note under this SectionSection 2.5(a), the Issuer may require the payment by the Holder Noteholder of the Note of a sum to pay an amount sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) incurred in connection with it. Every the replacement Note. (c) Each replacement Note issued pursuant to this under Section in replacement of any mutilated, destroyed, lost, or stolen Note shall 2.5(a) will constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, lost or stolen Note is will be enforceable by anyone at any timeand, and shall except as otherwise provided in this Indenture, will be entitled to all the benefits of this Indenture equally and proportionately with any all other Notes of the same Class duly issued under this Indenture. The provisions of this . (d) This Section are 2.5 is exclusive and shall preclude precludes (to the extent lawful) all other rights and remedies with respect to for the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If (i) a mutilated Note is surrendered to the Indenture Trustee or the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, loss or theft of any a Note, then the Issuer will execute and, upon Issuer Request, the Indenture Trustee will authenticate and deliver a replacement Note of the same Class and principal amount in exchange for or in lieu of the Note so long as (i) the Indenture Trustee receives the security or indemnity as may be required by it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence none of notice to the Issuer, the Note Registrar, Registrar or the Indenture Trustee have received notice that the Note has been acquired by a Protected Purchaserprotected purchaser, as defined in Section 8-303 of the UCC and if (iii) the requirements of Section 8-406 405 of the UCC are met and subject to Section 8-405 of the UCCmet. However, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, if any destroyed, lost, lost or stolen Note is, (but not a mutilated Note) is due and payable within 15 days or within seven days becomes, payable, or is has been called for redemption, instead of issuing a replacement Note Note, the Issuer may pay the mutilated, destroyed, lost, lost or stolen Note when so due or payable or on its redemption date. If, after upon the delivery Redemption Date without surrender of the replacement Note or payment of Note. If a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser protected purchaser of the original Note in lieu of which the replacement Note was issued (or payment made) presents it for paymentpayment the original Note, the Issuer and the Indenture Trustee may will be entitled to recover the replacement Note (or the payment) from the person Person to whom it was delivered or any person Person taking the replacement Note (or payment) from the person Person to whom the replacement Note (or payment) was delivered or any assignee of that personPerson, except a Protected Purchaserprotected purchaser, and may will be entitled to recover on upon the security or indemnity provided for it to the extent of replacement Note (or payment) for any expense cost, expense, loss, damage, claim or liability incurred by the Issuer or the Indenture Trustee in connection with it. for the replacement Note (or payment). (b) Upon the issuance of any replacement Note under this SectionSection 2.5(a), the Issuer may require the payment by the Holder Noteholder of the Note of a sum to pay an amount sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses incurred for the replacement Note. (including the fees and expenses of the Indenture Trusteec) in connection with it. Every Each replacement Note issued pursuant to this under Section in replacement of any mutilated, destroyed, lost, or stolen Note shall 2.5(a) will constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, lost or stolen Note is will be enforceable by anyone at any timeand, and shall except as otherwise provided in this Indenture, will be entitled to all the benefits of this Indenture equally and proportionately with any all other Notes of the same Class duly issued under this Indenture. The provisions of this . (d) This Section are 2.5 is exclusive and shall preclude precludes (to the extent lawful) all other rights and remedies with respect to for the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives the security or indemnity it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any a mutilated Note is surrendered to the Indenture Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Issuer shall execute and upon Issuer Order the Trustee shall authenticate and make available for delivery a replacement Note for such mutilated, lost or stolen Note, of like tenor and principal amount, bearing a number not contemporaneously Outstanding if: (i) the requirements of Section 8-405 of the Uniform Commercial Code are met, (ii) the Holder satisfies any other reasonable requirements of the Trustee, then, in and (iii) neither the absence of Issuer nor the Trustee has received notice to the Issuer, the Note Registrar, or the Indenture Trustee that the such Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amountprotected purchaser. If required by the mutilatedTrustee or the Issuer, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead such Holder shall furnish an affidavit of issuing a replacement Note loss and indemnity bond sufficient in the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery judgment of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover to protect the replacement Note (or Issuer, the payment) from Trustee, the person to whom it was delivered Paying Agent, the Transfer Agent, the Registrar or any person taking co-Registrar and the replacement Note Custodian from the person to whom the replacement any loss that any of them may suffer if a Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. is replaced. (b) Upon the issuance of any replacement new Note under this SectionSection 2.10, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it in relation thereto and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. therewith. (c) Every replacement new Note issued pursuant to this Section 2.10 in replacement exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Issuer, any Note Guarantor and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost, lost or stolen Note is shall be at any time enforceable by anyone at any timeanyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Noteshereunder.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) any mutilated Note is surrendered to the Indenture Trustee, then the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note Note, and each of the Issuer and the Indenture Trustee receives receive the security or indemnity it requires they require to hold the Issuer and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, or the Indenture Trustee that the Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption datepayable. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentencethis Section, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives the security or indemnity it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any a mutilated Note is surrendered to the Indenture Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, subject to compliance with the provisions of the next sentence of this Section 2.07, the Company shall issue and the Trustee, thenupon Company Order, in shall authenticate a replacement Note if the absence requirements of Section 8-405 of the Uniform Commercial Code are met such that the Holder (a) notifies the Company and the Trustee within a reasonable time after such Holder has notice of such loss, destruction or wrongful taking and the Registrar has not registered a transfer prior to receiving such notification, (b) makes such request to the Issuer, Company prior to the Note Registrar, or the Indenture Trustee Company having notice that the Note has been acquired by a Protected Purchaser, and if the requirements of protected purchaser as defined in Section 8-406 303 of the UCC are met Uniform Commercial Code (a “protected purchaser”) and subject to Section 8-405 (c) satisfies any other reasonable requirements of the UCCCompany and the Trustee. Such Holder shall furnish an indemnity bond sufficient in the judgment of the Company and the Trustee to protect the Company, the Issuer Trustee, the Paying Agent, the Conversion Agent and the Registrar from any loss which any of them may suffer if a Note is replaced. In the absence of notice to the Company, the Trustee, Paying Agent, Conversion Agent or Registrar that such Note has been acquired by a protected purchaser, the Company shall execute, execute and on its request upon Company Order the Indenture Trustee shall authenticate and deliver, in exchange for the any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a replacement new Note of the same Class of like tenor and principal amount, bearing a number not contemporaneously outstanding. If the In case any such mutilated, destroyed, lost, lost or stolen Note ishas become due and payable at the Stated Maturity or on a Fundamental Change Repurchase Date with respect to a repurchase upon a Fundamental Change, or within seven days becomesthe Company in its discretion, payable, or is called for redemption, may instead of issuing a replacement Note the Issuer may new Note, pay the mutilated, destroyed, lost, or stolen Note when amount due and payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant with respect to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with itsuch Note. Upon the issuance of any replacement new Note under this Section, the Issuer Company may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it in relation thereto and any other reasonable expenses (including attorneys’ fees and expenses and the fees and expenses of the Indenture Trustee) in connection with ittherewith. Every replacement new Note issued pursuant to this Section in replacement lieu of any mutilated, destroyed, lost, lost or stolen Note shall constitute an original additional contractual obligation of the IssuerCompany and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost, lost or stolen Note is shall be at any time enforceable by anyone at any timeanyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued under this Indenturehereunder. The provisions of this Section 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, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives the security or indemnity it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any a mutilated Note is surrendered to the Indenture Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken and if the requirements of Section 8-405 of the Uniform Commercial Code of the State of New York are met, the Company shall execute and upon Company Order the Trustee shall authenticate a replacement Note if the Holder satisfies any other reasonable requirements of the Trustee. If required by the Trustee or the Company, such Holder shall furnish an affidavit of loss and indemnity bond sufficient in the judgment of the Company and the Trustee to protect the Company, the Trustee, thenthe Paying Agent, the Registrar and any co-Registrar from any loss that any of them may suffer if a Note is replaced, and, in the absence of notice to the Issuer, Company or a Trust Officer of the Note Registrar, or the Indenture Trustee that the such Note has been acquired by a Protected Purchaser, and if the requirements of protected purchaser (as defined in Section 8-406 303 of the UCC are met and subject to Section 8-405 Uniform Commercial Code of the UCCState of New York), the Issuer Company shall execute, execute and on its request upon Company Order the Indenture Trustee shall authenticate and delivermake available for delivery, in exchange for the any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a replacement new Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing bearing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note number not contemporaneously Outstanding. (or the paymentb) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. Upon the issuance of any replacement new Note under this SectionSection 2.10, the Issuer Company, the Trustee and the Registrar may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it in relation thereto and any other reasonable expenses (including the fees and expenses of the Indenture TrusteeCompany’s counsel, the Trustee and its counsel) in connection with it. therewith. (c) In case any mutilated, destroyed or wrongfully taken Note has become or is about to become due and payable, the Company may, in its discretion, pay such Notes instead of issuing a new Note in replacement thereof. (d) Every replacement new Note issued pursuant to this Section 2.10 in replacement exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Issuer, whether or not Company and any other obligor upon the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any timeNotes, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued under this Indenture. hereunder. (e) The provisions of this Section are 2.10 shall be exclusive and shall preclude be in lieu of, to the fullest extent permitted by applicable law, all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If If (ia) any mutilated Class A Note shall be surrendered to the Indenture Trustee receives Note Registrar, or if the Note Registrar shall receive evidence to its satisfaction of the destruction, loss, or theft of any Class A Note and (b) there shall be delivered to the Indenture Trustee receives Note Registrar, the security or indemnity it requires to hold Class A Insurer, the Backup Insurer, the Issuer and the Indenture Trustee harmless, such security or indemnity (ii) any mutilated Note is surrendered an unsecured indemnity agreement of a Class A Noteholder with a net worth at least equal to $200,000,000 containing terms reasonably satisfactory to the Indenture TrusteeTrustee and the Controlling Party being sufficient for such security or indemnity requirement), thenas may be required by them to save each of them and the Issuer harmless, then in the absence of notice to the Issuer, the that such Note Registrar, or the Indenture Trustee that the Note has shall have been acquired by a Protected Purchaserbona fide purchaser, and if the requirements Owner Trustee on behalf of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, execute and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note or in lieu of the same Class of like tenor and principal amount. If the any such mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentenceClass A Note, a Protected Purchaser new Class A Note of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer like tenor and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in denomination. In connection with it. Upon the issuance of any replacement new Class A Note under this Section, the Issuer Indenture Trustee and the Note Registrar may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable in connection therewith. The Indenture Trustee may charge such Holder for its expenses (including without limitation the fees and expenses of the Indenture Trusteeits counsel) in connection with itreplacing a Class A Note. Every replacement Any duplicate Class A Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation conclusive evidence of the Issuerownership of such Class A Note, as if originally issued, whether or not the mutilated, destroyed, lost, stolen, or stolen destroyed Class A Note is enforceable by anyone shall be found at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If (i) a mutilated Note is surrendered to the Indenture Trustee or the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, loss or theft of any a Note, then the Issuer will execute and, upon Issuer Request, the Indenture Trustee will authenticate and deliver a replacement Note of the same Class and principal amount in exchange for or in lieu of the Note so long as (i) the Indenture Trustee receives the security or indemnity as may be required by it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence none of notice to the Issuer, the Note Registrar, Registrar or the Indenture Trustee have received notice that the Note has been acquired by a Protected Purchaserprotected purchaser, as defined in Section 8-303 of the UCC and if (iii) the requirements of Section 8-406 405 of the UCC are met and subject to Section 8-405 of the UCCmet. However, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, if any destroyed, lost, lost or stolen Note is, (but not a mutilated Note) is due and payable within 15 days or within seven days becomes, payable, or is has been called for redemption, instead of issuing a replacement Note Note, the Issuer may pay the mutilated, destroyed, lost, lost or stolen Note when so due or payable or on its redemption date. If, after upon the delivery Redemption Date without surrender of the replacement Note or payment of Note. If a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser protected purchaser of the original Note in lieu of which the replacement Note was issued (or payment made) presents it for paymentpayment the original Note, the Issuer and the Indenture Trustee may will be entitled to recover the replacement Note (or the payment) from the person Person to whom it was delivered or any person Person taking the replacement Note (or payment) from the person Person to whom the replacement Note (or payment) was delivered or any assignee of that personthe Person, except a Protected Purchaserprotected purchaser, and may will be entitled to recover on upon the security or indemnity provided for it to the extent of replacement Note (or payment) for any expense cost, expense, loss, damage, claim or liability incurred by the Issuer or the Indenture Trustee in connection with it. for the replacement Note (or payment). (b) Upon the issuance of any replacement Note under this SectionSection 2.5(a), the Issuer may require the payment by the Holder Noteholder of the Note of a sum to pay an amount sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses incurred for the replacement Note. (including the fees and expenses of the Indenture Trusteec) in connection with it. Every Each replacement Note issued pursuant to this under Section in replacement of any mutilated, destroyed, lost, or stolen Note shall 2.5(a) will constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, lost or stolen Note is will be enforceable by anyone at any timeand, and shall except as otherwise provided in this Indenture, will be entitled to all the benefits of this Indenture equally and proportionately with any all other Notes of the same Class duly issued under this Indenture. The provisions of this . (d) This Section are 2.5 is exclusive and shall preclude precludes (to the extent lawful) all other rights and remedies with respect to for the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives the security or indemnity it requires to hold the Issuer Issuer, the Credit Enhancer, and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, or the Indenture Trustee that the Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentencethis Section, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer Issuer, the Credit Enhancer or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives and the Credit Enhancer receive the security or indemnity it requires they require to hold the Issuer Issuer, the Credit Enhancer, and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, or the Indenture Trustee that the Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer Issuer, the Credit Enhancer, or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives the security or indemnity it requires to hold the Issuer Issuer, the Credit Enhancer, and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, or the Indenture Trustee that the Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentencethis Section, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer Issuer, the Credit Enhancer, or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If If (ia) any mutilated Class A Note shall be surrendered to the Indenture Trustee receives Note Registrar, or if the Note Registrar shall receive evidence to its satisfaction of the destruction, loss, or theft of any Class A Note and (b) there shall be delivered to the Indenture Trustee receives Note Registrar, the security or indemnity it requires to hold Class A Insurer, the Issuer and the Indenture Trustee harmless, such security or indemnity (ii) any mutilated Note is surrendered an unsecured indemnity agreement of a Class A Noteholder with a net worth at least equal to $200,000,000 containing terms reasonably satisfactory to the Indenture TrusteeTrustee and the Class A Insurer being sufficient for such security or indemnity requirement), thenas may be required by them to save each of them and the Issuer harmless, then in the absence of notice to the Issuer, the that such Note Registrar, or the Indenture Trustee that the Note has shall have been acquired by a Protected Purchaserbona fide purchaser, and if the requirements Owner Trustee on behalf of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, execute and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note or in lieu of the same Class of like tenor and principal amount. If the any such mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentenceClass A Note, a Protected Purchaser new Class A Note of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer like tenor and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in denomination. In connection with it. Upon the issuance of any replacement new Class A Note under this Section, the Issuer Indenture Trustee and the Note Registrar may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable in connection therewith. The Indenture Trustee may charge such Holder for its expenses (including without limitation the fees and expenses of the Indenture Trusteeits counsel) in connection with itreplacing a Class A Note. Every replacement Any duplicate Class A Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation conclusive evidence of the Issuerownership of such Class A Note, as if originally issued, whether or not the mutilated, destroyed, lost, stolen, or stolen destroyed Class A Note is enforceable by anyone shall be found at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) any mutilated Note is surrendered to the Indenture Trustee Collateral Agent, or the Collateral Agent receives evidence to its satisfaction of the destruction, loss, loss or theft of any Note Note, and (ii) there is delivered to the Indenture Trustee receives the Collateral Agent such security or indemnity as may be required by it requires to hold the Issuer Debtor and the Indenture Trustee Collateral Agent harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the IssuerDebtor, the Note Registrar, Registrar or the Indenture Trustee Collateral Agent that the such Note has been acquired by a Protected Purchaserbona fide purchaser, and if provided that the requirements of Section 8-406 405 of the UCC are met and subject to Section 8-405 of the UCCmet, the Issuer Debtor shall execute, execute and on upon its request the Indenture Trustee Collateral Agent shall authenticate and deliver, in exchange for the or in lieu of any such mutilated, destroyed, lost or stolen Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilatedNote; provided, however, that if any such destroyed, lost, lost or stolen Note isNote, but not a mutilated Note, shall have become or within seven (7) days becomes, shall be due and payable, or is called for redemption, instead of issuing a replacement Note Note, the Issuer Debtor may direct the Collateral Agent, in writing, to pay the mutilated, such destroyed, lost, lost or stolen Note when so due or payable or on its redemption datewithout surrender thereof. If, after the delivery of the such replacement Note or payment of a destroyed, lost, lost or stolen Note pursuant to the proviso to the preceding sentence, a Protected Purchaser bona fide purchaser of the original Note in lieu of which the such replacement Note was issued presents it for paymentpayment such original Note, the Issuer Debtor and the Indenture Trustee may Collateral Agent shall be entitled to recover the such replacement Note (or the such payment) from the person Person to whom it was delivered or any person Person taking the such replacement Note from the person such Person to whom the such replacement Note was delivered or any assignee of that personsuch Person, except a Protected Purchaserbona fide purchaser, and may shall be entitled to recover on upon the security or indemnity provided for it therefor to the extent of any loss, damage, cost or expense incurred by the Issuer Debtor or the Indenture Trustee Collateral Agent in connection with ittherewith. Upon the issuance of any replacement Note under this SectionSection 1.7, the Issuer Debtor may require the payment by the Holder of the such Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it in relation thereto and any other reasonable expenses (including the fees and expenses of the Indenture TrusteeCollateral Agent) in connection with itconnected therewith. Every replacement Note issued pursuant to this Section 1.7 in replacement of any mutilated, destroyed, lost, lost or stolen Note shall constitute an original additional contractual obligation of the IssuerDebtor, whether or not the mutilated, destroyed, lost, lost or stolen Note is shall be at any time enforceable by anyone at any timeanyone, and shall be entitled to all the benefits of this Indenture Security Agreement equally and proportionately with any and all other Notes duly issued under this Indenturehereunder. The provisions of this Section 1.7 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, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) any mutilated Note is surrendered to the Indenture Trustee, then the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note Note, and each of the Issuer and the Indenture Trustee receives receive the security or indemnity it requires they require to hold the Issuer and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, or the Indenture Trustee that the Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption datepayable. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentencethis Section, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives the security or indemnity it requires to hold the Issuer Issuer, the Credit Enhancer and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, or the Indenture Trustee that the Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer Issuer, the Credit Enhancer or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives and the Credit Enhancer receive the security or indemnity it requires to hold the Issuer Issuer, the Credit Enhancer, and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, or the Indenture Trustee that the Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer Issuer, the Credit Enhancer, or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives the security or indemnity it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any a mutilated Note is surrendered to the Indenture Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken and if the requirements of Section 8-405 of the Uniform Commercial Code of the State of New York are met, the Bank shall execute and upon Bank Order the Trustee shall authenticate a replacement Note if the Holder satisfies any other reasonable requirements of the Trustee. If required by the Trustee or the Bank, such Holder shall furnish an affidavit of loss and indemnity bond sufficient in the judgment of the Bank and the Trustee to protect the Bank, the Trustee, thenthe Paying Agent, the Registrar and any Co-Registrar from any loss that any of them may suffer if a Note is replaced, and, in the absence of notice to the Issuer, Bank or a Trust Officer of the Note Registrar, or the Indenture Trustee that the such Note has been acquired by a Protected Purchaser, and if the requirements of protected purchaser (as defined in Section 8-406 303 of the UCC are met and subject to Section 8-405 Uniform Commercial Code of the UCCState of New York), the Issuer Bank shall execute, execute and on its request upon Bank Order the Indenture Trustee shall authenticate and delivermake available for delivery, in exchange for the any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a replacement new Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing bearing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note number not contemporaneously Outstanding. (or the paymentb) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. Upon the issuance of any replacement new Note under this SectionSection 2.10, the Issuer Bank, the Trustee and the Registrar may require from such Holder the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it in relation thereto and any other reasonable expenses (including the fees and expenses of the Indenture TrusteeBank’s counsel, the Trustee and its counsel) in connection with it. therewith. (c) In case any mutilated, destroyed or wrongfully taken Note has become or is about to become due and payable, the Bank may, in its discretion, pay such Notes instead of issuing a new Note in replacement thereof. (d) Every replacement new Note issued pursuant to this Section 2.10 in replacement exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Issuer, whether or not Bank and any other obligor upon the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any timeNotes, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued under this Indenture. hereunder. (e) The provisions of this Section are 2.10 shall be exclusive and shall preclude be in lieu of, to the fullest extent permitted by applicable law, all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (ia) any mutilated Note is surrendered to the Indenture Trustee Securities Administrator or the Securities Administrator receives evidence to its satisfaction of the destruction, loss, loss or theft of any Note and (b) there is delivered to the Securities Administrator such security or indemnity as may be required by it to hold the Issuer, the Indenture Trustee receives the security or indemnity it requires to hold the Issuer and the Indenture Trustee Securities Administrator harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, Registrar or the Indenture Trustee Securities Administrator that the such Note has been acquired by a Protected Purchaser, protected investor and if provided that the requirements of Section 8-406 405 of the UCC are met and subject to Section 8-405 of the UCCmet, the Issuer shall execute, and on upon its request request, the Indenture Trustee Securities Administrator shall authenticate and deliver, in exchange for the or in lieu of any such mutilated, destroyed, lost or stolen Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilatedNote; provided, however, that if any such destroyed, lost, lost or stolen Note isNote—but not a mutilated Note—shall have become, or within seven days becomesshall be, due and payable, or is called for redemption, instead of issuing a replacement Note Note, the Issuer may pay the mutilated, such destroyed, lost, lost or stolen Note when so due or payable or on its redemption datewithout surrender thereof. If, after the delivery of the such replacement Note or payment of a destroyed, lost, lost or stolen Note pursuant to the proviso to the preceding sentence, a Protected Purchaser protected investor of the original Note in lieu of which the such replacement Note was issued presents it for paymentpayment such original Note, the Issuer and the Indenture Trustee may Securities Administrator shall be entitled to recover the such replacement Note (or the such payment) from the person Person to whom it was delivered or any person Person taking the such replacement Note from the person such Person to whom the such replacement Note was delivered or any assignee of that personsuch Person, except a Protected Purchaserprotected investor, and may shall be entitled to recover on upon the security or indemnity provided for it therefor to the extent of any loss, damage, cost or expense incurred by the Issuer or Issuer, the Indenture Trustee or the Securities Administrator in connection with ittherewith. Upon the issuance of any replacement Note under this SectionSection 4.03, the Issuer may require the payment by the Holder of the such Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it in relation thereto and any other reasonable expenses (including the fees and expenses of the Indenture TrusteeSecurities Administrator) in connection with itconnected therewith. Every replacement Note issued pursuant to this Section 4.03 in replacement of any mutilated, destroyed, lost, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, lost or stolen Note is shall be at any time enforceable by anyone at any timeanyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued under this Indenturehereunder. The provisions of this Section 4.03 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, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (ia) Upon notice to the Indenture Trustee receives evidence to its satisfaction Note Registrar of the mutilation, destruction, loss, loss or theft of any Series 1996-3 Class B Note and the Indenture Trustee receives the security or indemnity it requires to hold Series 1996-3 Class C Note, the Issuer shall at the Issuer's own expense, upon the written request of the affected Noteholder, execute and the Indenture Trustee harmless, or deliver in replacement thereof (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, Issuer or the Note Registrar, Registrar that such Series 1996- 3 Class B Note or the Indenture Trustee that the Series 1996-3 Class C Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Notebona fide purchaser), a replacement new Series 1996-3 Class B Note of or Series 1996-3 Class C Note in the same Class of like tenor and principal amount, dated the date of such Series 1996-3 Class B Note or Series 1996-3 Class C Note and designated as issued under this Supplement. If the Series 1996-3 Class B Note or Series 1996-3 Class C Note being replaced has become mutilated, such Series 1996-3 Class B Note or Series 1996-3 Class C Note shall be surrendered to the Note Registrar and a photocopy thereof shall be furnished to the Collateral Agent by the Note Registrar. If the Series 1996-3 Class B Note or Series 1996-3 Class C Note being replaced has been destroyed, lostlost or stolen, or stolen the affected Noteholder shall furnish to the Issuer, the Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note Registrar and the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the such security or indemnity provided for it as may be reasonably required by them to hold the Issuer, the Note Registrar and the Issuer Trustee harmless and evidence satisfactory to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the destruction, loss or theft of such Series 1996-3 Class B Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it Series 1996-3 Class C Note and any other reasonable expenses (including the fees and expenses of the Indenture Trusteeownership thereof. (b) in connection with it. Every replacement Each substitute Series 1996-3 Class B Note and Series 1996-3 Class C Note issued pursuant to the provisions of this Section in replacement 5.5 by virtue of the fact that any mutilated, Series 1996-3 Class B Note or Series 1996-3 Class C Note is apparently destroyed, lost, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, apparently destroyed, lost, lost or stolen Series 1996-3 Class B Note is or Series 1996-3 Class C Note shall be enforceable at any time by anyone at any time, and shall be entitled to all the security and benefits of (but shall be subject to all the limitations of rights set forth in) this Indenture Supplement and the Agreement equally and proportionately with any and all other Series 1996-3 Class B Notes or Series 1996-3 Class C Notes duly issued under this Indentureauthenticated and delivered hereunder. The All Series 1996-3 Class B Notes and Series 1996-3 Class C Notes shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, defaced, or apparently destroyed, lost, lost or stolen NotesSeries 1996-3 Class B Notes or Series 1996-3 Class C Notes and shall 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.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) any mutilated Note is surrendered to the Indenture Trustee, then the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note Note, and the Indenture Trustee receives the security or indemnity it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, or the Indenture Trustee that the Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption datepayable. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentencethis Section, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (ia) any mutilated or defaced Note is surrendered to the Indenture Principal Paying Agent, or the Principal Paying Agent or the Trustee receives evidence to its satisfaction of the destruction, loss, loss or theft of any Note and of the Indenture Trustee receives ownership thereof and (b) in the case of a Note that has been destroyed, lost or stolen, there is delivered to the Trustee, the Principal Paying Agent and the Issuer such security or indemnity it requires as may be required by them to hold the Issuer and the Indenture Trustee save each of them harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of written notice to the Issuer, Principal Paying Agent and the Note Registrar, or the Indenture Trustee that the such Note has been acquired by a Protected Purchaser“protected purchaser,” the Trustee, upon an Issuer Order, shall authenticate, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer Principal Paying Agent shall execute, and on its request the Indenture Trustee shall authenticate register and deliver, in exchange and substitution for the (upon surrender and cancellation thereof) or in lieu of and in substitution for any such mutilated, defaced, destroyed, lost or stolen Note, a replacement new Note executed by the Issuer of the same Class issuance date, registered in the same manner, dated the date of like tenor its authentication and principal amountbearing interest from the date to which interest has been paid on such replaced Note. If In connection with the mutilatedexecution, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the authentication and delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. Upon the issuance of any replacement new Note under this Section, the Issuer Issuer, the Trustee or the Principal Paying Agent may require the payment by the Holder of the Note holder thereof of a sum sufficient to cover any tax Tax or other governmental charge that may be imposed on it in relation thereto and any other reasonable fees and expenses (including the fees and expenses of the Indenture Principal Paying Agent or the Trustee) in connection with itconnected therewith. Every replacement Any duplicate Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation conclusive evidence of the same Indebtedness of the Issuer, as if originally issued, whether or not the lost, stolen or destroyed Note shall be found at any time. Any mutilated, defaced, destroyed, lost, lost or stolen Note is enforceable by anyone Notes may also be surrendered at any time, and shall be entitled to all the benefits office of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen NotesLuxembourg Paying Agent.

Mutilated, Destroyed, Lost or Stolen Notes. If (ia) any mutilated Note is surrendered to the Indenture Trustee Securities Administrator or the Securities Administrator receives evidence to its satisfaction of the destruction, loss, loss or theft of any Note and (b) there is delivered to the Securities Administrator such security or indemnity as may be required by it to hold the Issuer, the Indenture Trustee receives the security or indemnity it requires to hold the Issuer and the Indenture Trustee Securities Administrator harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, Registrar or the Indenture Trustee Securities Administrator that the such Note has been acquired by a Protected Purchaser, protected investor and if provided that the requirements of Section 8-406 405 of the UCC are met and subject to Section 8-405 of the UCCmet, the Issuer shall execute, and on upon its request request, the Indenture Trustee Securities Administrator shall authenticate and deliver, in exchange for the or in lieu of any such mutilated, destroyed, lost or stolen Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilatedNote; provided, however, that if any such destroyed, lost, lost or stolen Note is— but not a mutilated Note — shall have become, or within seven days becomesshall be, due and payable, or is called for redemption, instead of issuing a replacement Note Note, the Issuer may pay the mutilated, such destroyed, lost, lost or stolen Note when so due or payable or on its redemption datewithout surrender thereof. If, after the delivery of the such replacement Note or payment of a destroyed, lost, lost or stolen Note pursuant to the proviso to the preceding sentence, a Protected Purchaser protected investor of the original Note in lieu of which the such replacement Note was issued presents it for paymentpayment such original Note, the Issuer and the Indenture Trustee may Securities Administrator shall be entitled to recover the such replacement Note (or the such payment) from the person Person to whom it was delivered or any person Person taking the such replacement Note from the person such Person to whom the such replacement Note was delivered or any assignee of that personsuch Person, except a Protected Purchaserprotected investor, and may shall be entitled to recover on upon the security or indemnity provided for it therefor to the extent of any loss, damage, cost or expense incurred by the Issuer or Issuer, the Indenture Trustee or the Securities Administrator in connection with ittherewith. Upon the issuance of any replacement Note under this SectionSection 4.03, the Issuer may require the payment by the Holder of the such Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it in relation thereto and any other reasonable expenses (including the fees and expenses of the Indenture TrusteeSecurities Administrator) in connection with itconnected therewith. Every replacement Note issued pursuant to this Section 4.03 in replacement of any mutilated, destroyed, lost, lost or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, lost or stolen Note is shall be at any time enforceable by anyone at any timeanyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued under this Indenturehereunder. The provisions of this Section 4.03 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, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives the security or indemnity it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, or the Indenture Trustee that the Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives the security or indemnity it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, or the Indenture Trustee that the Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven [seven] days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives and the Credit Enhancer receive the security or indemnity it requires they require to hold the Issuer Issuer, the Indenture Trustee, and the Indenture Trustee Credit Enhancer harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, or the Indenture Trustee that the Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer Issuer, the Credit Enhancer, or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee, or the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, loss or theft of any Note Note, and (ii) there is delivered to the Indenture Trustee receives the such security or indemnity as may be required by it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, Registrar or the Indenture Trustee that the such Note has been acquired by a Protected Purchaserprotected purchaser, as defined in Section 8-303 of the UCC, and if provided that the requirements of Section 8-406 405 of the UCC are met and subject to Section 8-405 of the UCCmet, the Issuer shall execute, and on its request upon Issuer Request the Indenture Trustee shall authenticate and deliver, in exchange for the or in lieu of any such mutilated, destroyed, lost or stolen Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilatedClass; provided, however, that if any such destroyed, lost, lost or stolen Note isNote, but not a mutilated Note, shall have become or within seven (7) days becomes, shall be due and payable, or is shall have been called for redemption, instead of issuing a replacement Note Note, the Issuer may pay the mutilated, such destroyed, lost, lost or stolen Note when so due or payable or on its redemption dateupon the Redemption Date without surrender thereof. If, after the delivery of the such replacement Note or payment of a destroyed, lost, lost or stolen Note pursuant to the proviso to the preceding sentence, a Protected Purchaser protected purchaser of the original Note in lieu of which the such replacement Note was issued presents it for paymentpayment such original Note, the Issuer and the Indenture Trustee may shall be entitled to recover the such replacement Note (or the such payment) from the person Person to whom it was delivered or any person Person taking the such replacement Note from the person such Person to whom the such replacement Note was delivered or any assignee of that personsuch Person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any timeprotected purchaser, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.recover upon the

Mutilated, Destroyed, Lost or Stolen Notes. If (i) any mutilated Note is surrendered to the Indenture Trustee, then the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note Note, and the Indenture Trustee receives the security or indemnity it requires to hold each of the Issuer and the Indenture Trustee harmlessreceive the security or indemnity they require to hold the Issuer, or (ii) any mutilated Note is surrendered to the Credit Enhancer, and the Indenture TrusteeTrustee harmless, then, in the absence of notice to the Issuer, the Note Registrar, or the Indenture Trustee that the Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption datepayable. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentencethis Section, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer Issuer, the Credit Enhancer, or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives the security or indemnity it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any a mutilated Note is surrendered to the Co-Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken and if the requirements set forth in this Indenture are met, the Issuer shall execute and upon Issuer Order the Trustee shall authenticate a replacement Note if the Holder satisfies any other reasonable requirements of the Trustee. If required by the Trustee or the Issuer, thensuch Holder shall furnish an affidavit of loss and indemnity bond sufficient in the judgment of the Issuer and the Trustee to protect the Issuer, the Trustee and Agents from any loss that any of them may suffer if a Note is replaced, and, in the absence of notice to the Issuer, Issuer or a Trust Officer of the Note Registrar, or the Indenture Trustee that the such Note has been acquired by a Protected Purchaser, and if the requirements of protected purchaser (as defined in Section 8-406 303 of the UCC are met and subject to Section 8-405 Uniform Commercial Code of the UCCState of New York), the Issuer shall execute, execute and on its request upon Issuer Order the Indenture Trustee shall authenticate and delivermake available for delivery, in exchange for the any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a replacement new Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing bearing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note number not contemporaneously Outstanding. (or the paymentb) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. Upon the issuance of any replacement new Note under this SectionSection 2.10, the Issuer Issuer, the Trustee and the Agents may require from such Holder the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it in relation thereto and any other reasonable expenses (including the fees and expenses of the Indenture TrusteeIssuer’s counsel, the Trustee and the Agents and their respective counsel) in connection with it. therewith. (c) In case any mutilated, destroyed or wrongfully taken Note has become or is about to become due and payable, the Issuer may, in its discretion, pay such Notes instead of issuing a new Note in replacement thereof. (d) Every replacement new Note issued pursuant to this Section 2.10 in replacement exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Issuer, whether or not Issuer and any other obligor upon the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any timeNotes, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued under this Indenture. hereunder. (e) The provisions of this Section are 2.10 shall be exclusive and shall preclude be in lieu of, to the fullest extent permitted by applicable law, all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If If (i) the Indenture Trustee receives evidence to its satisfaction of the destruction, loss, or theft of any Note and the Indenture Trustee receives the security or indemnity it requires to hold the Issuer and the Indenture Trustee harmless, or (ii) any mutilated Note is surrendered to the Indenture Trustee, then, in the absence of notice to the Issuer, the Note Registrar, or the Indenture Trustee that the Note has been acquired by a Protected Purchaser, and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Issuer shall execute, and on its request the Indenture Trustee shall authenticate and deliver, in exchange for the Note, a replacement Note of the same Class of like tenor and principal amount. If the mutilated, destroyed, lost, or stolen Note is, or within seven days becomes, payable, or is called for redemption, instead of issuing a replacement Note the Issuer may pay the mutilated, destroyed, lost, or stolen Note when payable or on its redemption date. If, after the delivery of the replacement Note or payment of a destroyed, lost, or stolen Note pursuant to the preceding sentence, a Protected Purchaser of the original Note in lieu of which the replacement Note was issued presents it for payment, the Issuer and the Indenture Trustee may recover the replacement Note (or the payment) from the person to whom it was delivered or any person taking the replacement Note from the person to whom the replacement Note was delivered or any assignee of that person, except a Protected Purchaser, and may recover on the security or indemnity provided for it to the extent of any expense incurred by the Issuer or the Indenture Trustee in connection with it. Upon the issuance of any replacement Note under this Section, the Issuer may require the payment by the Holder of the Note of a sum sufficient to cover any tax or other governmental charge that may be imposed on it and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) in connection with it. Every replacement Note issued pursuant to this Section in replacement of any mutilated, destroyed, lost, or stolen Note shall constitute an original additional contractual obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Note is enforceable by anyone at any time, and shall be entitled to all the benefits of this Indenture equally and proportionately with any other Notes duly issued under this Indenture. The provisions of this Section are exclusive and shall preclude all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes.