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

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered to the TrusteeTrustee or the Company, together with such security or indemnity as may be required by the Company or the Trustee to save each of them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor the same series and principal amount amount, containing identical terms and provisions and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of actual notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and upon its written request the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor the same series and principal amount amount, containing identical terms and provisions and bearing a number not contemporaneously outstanding. In Notwithstanding the provisions of the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay the amount due and payable with respect to such Note. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered shall become mutilated, destroyed, lost or stolen, the Issuer shall, upon the written request of the Noteholder thereof and presentation of the Note or satisfactory evidence of destruction, loss or theft thereof to the TrusteeTrustee or Registrar, the Company shall execute issue, and the Trustee shall authenticate and the Trustee or Registrar shall deliver in exchange therefor or in replacement thereof, a new Note Note, payable to such Noteholder in the same principal amount, of like tenor the same maturity, with the same payment schedule, bearing the same interest rate and principal amount and bearing a certificate number not contemporaneously outstandingdated the date of its authentication. If there the Note being replaced has become mutilated, such Note shall be delivered surrendered to the Company Trustee or the Registrar and forwarded to the Issuer by the Trustee or such Registrar. If the Note being replaced has been destroyed, lost or stolen, the Noteholder thereof shall furnish to the Issuer, the Trustee and the Trustee Registrar (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (iia) such security or indemnity as may be required by them the Issuer, the Trustee and the Registrar to save each of them harmless and any agent of either of them harmless, then, in the absence of notice (b) evidence satisfactory to the Company or Issuer, the Trustee that and the Registrar of the destruction, loss or theft of such Note has been acquired by a bona fide purchaser, and of the Company shall execute and the Trustee shall authenticate and deliver, in lieu of ownership thereof (an affidavit from any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstandingQIB being satisfactory evidence). In case The Noteholders will be required to pay any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax Tax or other governmental charge that may be imposed in relation thereto connection with such exchange or replacement and any other expenses (including the reasonable fees and expenses of the TrusteeTrustee and the Registrar) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If If (a) any mutilated Note is shall be surrendered to the TrusteeNote Registrar, or if the Company Note Registrar shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) receive evidence to their its satisfaction of the destruction, loss loss, or theft of any Note and (iib) there shall be delivered to the Note Registrar, the Issuer and the Indenture Trustee such security or indemnity (an unsecured indemnity agreement of a Noteholder with a net worth at least equal to $200,000,000 containing terms reasonably satisfactory to the Indenture Trustee being sufficient for such security or indemnity requirement), as may be required by them to save each of them and any agent of either of them the Issuer harmless, then, then in the absence of notice to the Company or the Trustee that such Note has shall have been acquired by a bona fide purchaser, the Company Owner Trustee on behalf of the Issuer shall execute and the Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost lost, or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstandingdenomination. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon connection with the issuance of any new Note under this Section, the Company Indenture Trustee and the Note Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other connection therewith. The Indenture Trustee may charge such Holder for its expenses (including the fees and expenses of the Trusteeits counsel) connected therewithin replacing a Note. Every new Any duplicate Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation conclusive evidence of the Companyownership of such Note, as if originally issued, whether or not the mutilatedlost, destroyedstolen, lost or stolen destroyed Note shall be found at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notestime.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteeRegistrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute and upon Company Order the Trustee shall authenticate a replacement Note if the requirements of Section 8-405 of the UCC are met and deliver in exchange therefor a new Note the Holder satisfies any other reasonable requirements of like tenor the Trustee and principal amount and bearing a certificate number not contemporaneously outstandingthe Company. If there required by the Trustee or the Company, such Holder shall be delivered to furnish an affidavit of loss and indemnity bond sufficient in the judgment of the Company and the Trustee (i) evidence to their satisfaction of protect the destructionCompany, the Trustee, the Paying Agent, the Registrar and any co-Registrar from any loss or theft of that any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmlessmay suffer if a Note is replaced, thenand, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide protected purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Outstanding. (b) Upon the issuance of any new Note under this SectionSection 2.9, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses of the Company (including the fees and expenses of the TrusteeTrustee and counsel) connected in connection therewith. . (c) Every new Note issued pursuant to this Section 2.9 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Company, any Restricted Subsidiary and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. . (d) The provisions of this Section 2.9 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteeRegistrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute and upon Company Order the Trustee shall authenticate a replacement Note if the requirements of Section 8-405 of the Uniform Commercial Code are met and deliver in exchange therefor a new Note the Holder satisfies any other reasonable requirements of like tenor and principal amount and bearing a certificate number not contemporaneously outstandingthe Trustee. If there required by the Trustee or the Company, such Holder shall be delivered to furnish an affidavit of loss and indemnity bond sufficient in the judgment of the Company and the Trustee (i) evidence to their satisfaction of protect the destructionCompany, the Trustee, the Paying Agent, the Registrar and any co-Registrar from any loss or theft of that any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmlessmay suffer if a Note is replaced, thenand, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide protected purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Outstanding. (b) Upon the issuance of any new Note under this SectionSection 2.9, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. . (c) Every new Note issued pursuant to this Section 2.9 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Company, any Note Guarantor and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If In case any mutilated Note is surrendered to the Trusteeshall become mutilated, defaced, destroyed, lost or stolen, the Company shall Issuer will execute and the Trustee shall authenticate will, upon receipt of an Authentication Order, authenticate, register and deliver in exchange therefor a new Note of like tenor (including the same date of issuance) and equal principal amount registered in the same manner, dated the date of its authentication and bearing interest from the date to which interest has been paid on such Note, in exchange and substitution for such Note (upon surrender and cancellation thereof in the case of mutilated or defaced Notes) or in lieu of and in substitution for such Note. In case a certificate number not contemporaneously outstanding. If there Note is destroyed, lost or stolen, the applicant for a substitute Note shall be delivered to furnish the Company Issuer and the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (iia) such security or and/or indemnity as may be required by them to save each of them harmless and any agent (b) satisfactory evidence of either the destruction, loss or theft of them harmless, then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, and of the Company shall execute and the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Noteownership thereof. Upon the issuance of any new Note under this Sectionsubstituted Note, the Company Trustee may require the payment by the registered Holder thereof of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other fees and expenses (including the fees and expenses those of the Trustee) connected therewith. Every new Note issued pursuant With respect to this Section in lieu of any mutilated, defaced, destroyed, lost or stolen Note shall constitute an original additional contractual obligation Definitive Notes, a Holder thereof may obtain new Definitive Notes from the office of the CompanyTransfer Agent. Notwithstanding any statement herein, whether the Issuer reserves its right to impose such transfer, certificate, exchange or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyoneother requirements, and shall be entitled to all require such restrictive legends on Notes, as it may determine are necessary to ensure compliance with the benefits securities laws of this Indenture equally the United States and proportionately with the states therein and any and all other Notes duly issued hereunder. 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 or stolen Notesapplicable laws.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered to the TrusteeTrustee or the Company, together with such security or indemnity as may be required by the Company or the Trustee to save each of them or any agent of either of them harmless, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor the same series and principal amount amount, containing identical terms and provisions and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of actual notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and upon its written request the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor the same series and principal amount amount, containing identical terms and provisions and bearing a number not contemporaneously outstanding. In Notwithstanding the provisions of the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay the amount due and payable with respect to such Note. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this the Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered shall become mutilated, destroyed, lost or stolen, the Issuer shall, upon the written request of the Noteholder thereof and presentation of the Note or satisfactory evidence of destruction, loss or theft thereof to the TrusteeTrustee or Registrar, the Company shall execute issue, and the Trustee shall authenticate and the Trustee or Registrar shall deliver in exchange therefor or in replacement thereof, a new Note Note, payable to such Noteholder in the same principal amount, of like tenor the same maturity, with the same payment schedule, bearing the same interest rate and principal amount and bearing a certificate number not contemporaneously outstandingdated the date of its authentication. If there the Note being replaced has become mutilated, such Note shall be delivered surrendered to the Company Trustee or the Registrar and forwarded to the Issuer by the Trustee or such Registrar. If the Note being replaced has been destroyed, lost or stolen, the Noteholder thereof shall furnish to the Issuer, the Trustee and the Trustee Registrar (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (iia) such security or indemnity as may be required by them the Issuer, the Trustee and the Registrar to save each of them harmless and any agent of either of them harmless, then, in the absence of notice (b) evidence satisfactory to the Company or Issuer, the Trustee that and the Registrar of the destruction, loss or theft of such Note has been acquired by a bona fide purchaser, and of the Company ownership thereof (an affidavit from any QIB being satisfactory evidence). The Noteholders shall execute and the Trustee shall authenticate and deliver, in lieu of be required to pay any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax Tax or other governmental charge that may be imposed in relation thereto connection with such exchange or replacement and any other expenses (including the reasonable fees and expenses of the TrusteeTrustee and the Registrar) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteeRegistrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute and upon Company Order the Trustee shall authenticate a replacement Note if the requirements of Section 8-405 of the Uniform Commercial Code are met and deliver in exchange therefor a new Note the Holder satisfies any other reasonable requirements of like tenor and principal amount and bearing a certificate number not contemporaneously outstandingthe Trustee. If there required by the Trustee or the Company, such Holder shall be delivered to furnish an affidavit of loss and indemnity bond sufficient in the judgment of the Company and the Trustee (i) evidence to their satisfaction of protect the destructionCompany, the Trustee, the Paying Agent, the Registrar and any co-Registrar from any loss or theft of that any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmlessmay suffer if a Note is replaced, thenand, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. . (b) Upon the issuance of any new Note under this SectionSection 2.9, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. . (c) Every new Note issued pursuant to this Section 2.9 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Company, any Note Guarantor and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteeRegistrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute and upon Company Order the Trustee shall authenticate a replacement Note if the requirements of Section 8-405 of the UCC are met and deliver in exchange therefor a new Note the Holder satisfies any other reasonable requirements of like tenor the Trustee and principal amount and bearing a certificate number not contemporaneously outstandingthe Company. If there required by the Trustee or the Company, such Holder shall be delivered to furnish an affidavit of loss and indemnity bond sufficient in the judgment of the Company and the Trustee (i) evidence to their satisfaction of protect the destructionCompany, the Trustee, the Paying Agent, the Registrar and any co-Registrar from any loss or theft of that any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmlessmay suffer if a Note is replaced, thenand, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide protected purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Outstanding. (b) Upon the issuance of any new Note under this SectionSection 2.9, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses of the Company (including the fees and expenses of the TrusteeTrustee and counsel) connected in connection therewith. . (c) Every new Note issued pursuant to this Section 2.9 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the CompanyCompany and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. . (d) The provisions of this Section 2.9 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered shall become mutilated, destroyed, lost or stolen, the Issuer shall, upon the written request of the Holder thereof and presentation of the Note or satisfactory evidence of destruction, loss or theft thereof to the TrusteeTrustee or Registrar and a confirmation by the Issuer to the Trustee that such Holder has delivered a Confidentiality Agreement to the Issuer, the Company shall execute issue, and the Trustee shall authenticate and the Trustee or Registrar shall deliver in exchange therefor or in replacement thereof, a new Note Note, payable to such Holder in the same principal amount, of like tenor the same maturity, with the same payment schedule, bearing the same interest rate and principal amount and bearing a certificate number not contemporaneously outstandingdated the date of its authentication. If there the Note being replaced has become mutilated, such Note shall be delivered surrendered to the Company Trustee or a Registrar and forwarded to the Issuer by the Trustee or such Registrar. If the Note being replaced has been destroyed, lost or stolen, the Holder thereof shall furnish to the Issuer, the Trustee or a Registrar (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them the Issuer, the Trustee and such Registrar harmless (an unsecured indemnity from any agent of either of them harmless, then, in the absence of notice QIB being acceptable security) and (ii) evidence satisfactory to the Company or Issuer, the Trustee that and such Registrar of the destruction, loss or theft of such Note has been acquired by a bona fide purchaser, and of the Company shall execute and the Trustee shall authenticate and deliver, in lieu of ownership thereof (an affidavit from any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstandingQIB being satisfactory evidence). In case any such mutilated, destroyed, lost or stolen Note has become or is about The Noteholders will be required to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto connection with such exchange or replacement and any other expenses (including the fees and expenses of the TrusteeTrustee and any Registrar) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteeRegistrar or co-Registrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute and upon Company Order the Trustee shall authenticate a replacement Note if the requirements of Section 8-405 of the Uniform Commercial Code are met and deliver in exchange therefor a new Note the Holder satisfies any other reasonable requirements of like tenor the Trustee and principal amount and bearing a certificate number not contemporaneously outstandingthe Company. If there required by the Trustee or the Company, such Holder shall be delivered to furnish an affidavit of loss and indemnity bond sufficient in the judgment of the Company and the Trustee (i) evidence to their satisfaction of protect the destructionCompany, the Trustee, the Paying Agent, the Registrar and any co-Registrar from any loss or theft of that any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmlessmay suffer if a Note is replaced, thenand, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide protected purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Outstanding. (b) Upon the issuance of any new Note under this SectionSection 2.8, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. . (c) Every new Note issued pursuant to this Section 2.8 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the CompanyCompany and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteeRegistrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute and upon Company Order the Trustee shall authenticate and deliver in exchange therefor make available for delivery a new replacement Note for such mutilated, lost or stolen Note, of like tenor and principal amount and amount, bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee Outstanding if: (i) evidence to their satisfaction the requirements of Section 8-405 of the destruction, loss or theft of any Note and Uniform Commercial Code are met, (ii) such security or indemnity as may be required by them to save each the Holder satisfies any other reasonable requirements of them and any agent of either of them harmlessthe Trustee, then, in the absence of notice to and (iii) neither the Company or nor the Trustee has received notice that such Note has been acquired by a bona fide protected purchaser. 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 shall execute and the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payableprotect the Company, the Company in its discretion mayTrustee, instead the Paying Agent, the Registrar, any co-Registrar and the Note Custodian from any loss that any of issuing them may suffer if a new Note, pay such Note. Note is replaced. (b) Upon the issuance of any new Note under this SectionSection 2.10, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. . (c) Every new Note issued pursuant to this Section 2.10 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Company, any Note Guarantor and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteeRegistrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute and upon Company Order the Trustee shall authenticate a replacement Note if the requirements of Section 8-405 of the Uniform Commercial Code are met and deliver in exchange therefor a new Note the Holder satisfies any other reasonable requirements of like tenor and principal amount and bearing a certificate number not contemporaneously outstandingthe Trustee. If there required by the Trustee or the Company, such Holder shall be delivered to furnish an affidavit of loss and indemnity bond sufficient in the judgment of the Company and the Trustee (i) evidence to their satisfaction of protect the destructionCompany, the Trustee, the Paying Agent, the Registrar and any co-Registrar from any loss or theft of that any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmlessmay suffer if a Note is replaced, thenand, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide protected purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Outstanding. (b) Upon the issuance of any new Note under this SectionSection 2.9, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. . (c) Every new Note issued pursuant to this Section 2.9 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Company, any Subsidiary Guarantor and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteeRegistrar 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 and deliver in exchange therefor a new replacement Note if the Holder satisfies any other reasonable requirements of like tenor and principal amount and bearing a certificate number not contemporaneously outstandingthe Trustee. If there required by the Trustee or the Company, such Holder shall be delivered to furnish an affidavit of loss and indemnity bond sufficient in the judgment of the Company and the Trustee (i) evidence to their satisfaction of protect the destructionCompany, the Trustee, the Paying Agent, the Registrar and any co-Registrar from any loss or theft of that any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmlessmay suffer if a Note is replaced, thenand, in the absence of notice to the Company or a Trust Officer of the Trustee that such Note has been acquired by a bona fide purchaserprotected purchaser (as defined in Section 8-303 of the Uniform Commercial Code of the State of New York), the Company shall execute and upon Company Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Outstanding. (b) Upon the issuance of any new Note under this SectionSection 2.10, the Company Company, the Trustee and the Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the TrusteeCompany’s counsel, the Trustee and its counsel) connected in connection 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 new Note issued pursuant to this Section 2.10 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Company, whether or not Company and any other obligor upon the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyoneNotes, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. . (e) The provisions of this Section are 2.10 shall be exclusive and shall preclude (be in lieu of, to the fullest extent lawful) permitted by applicable law, 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 any mutilated Note is surrendered shall become mutilated, destroyed, lost or stolen, the Issuer shall, upon the written request of the Holder thereof and presentation of the Note or satisfactory evidence of destruction, loss or theft thereof to the TrusteeTrustee or Registrar, the Company shall execute issue, and the Trustee shall authenticate and the Trustee or Registrar shall deliver in exchange therefor or in replacement thereof, a new Note of like tenor the same subclass, payable to such Holder in the same principal amount, of the same maturity, with the same payment schedule, bearing the same interest rate and principal amount and bearing a certificate number not contemporaneously outstandingdated the date of its authentication. If there the Note being replaced has become mutilated, such Note shall be delivered surrendered to the Company Trustee or a Registrar and forwarded to the Issuer by the Trustee or such Registrar. If the Note being replaced has been destroyed, lost or stolen, the Holder thereof shall furnish to the Issuer, the Trustee or a Registrar (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them the Issuer, the Trustee and any agent of either of them harmless, then, in the absence of notice such Registrar harmless and (ii) evidence satisfactory to the Company or Issuer, the Trustee that and such Registrar of the destruction, loss or theft of such Note has been acquired by a bona fide purchaser, and of the Company shall execute and the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstandingownership thereof. In case any such mutilated, destroyed, lost or stolen Note has become or is about The Noteholders will be required to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto connection with such exchange or replacement and any other expenses (including the fees and expenses of the TrusteeTrustee and any Registrar) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If any Notes outstanding hereunder shall become mutilated Note is surrendered or be lost, stolen or destroyed, the applicable Noteholder shall deliver to the TrusteeIndenture Trustee a sworn affidavit of loss. Upon receipt of such affidavit, the Company shall execute and the Indenture Trustee shall authenticate certify and deliver in exchange therefor a new Note of like tenor the same Series of Notes and Class of Notes and having the same Principal Terms and an equivalent principal amount as the one mutilated, lost, stolen or destroyed in exchange for and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company in place of and the Trustee (i) evidence to their satisfaction upon surrender and cancellation of the destructionsuch mutilated Note, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in lieu of any and in substitution for such destroyedlost, lost destroyed or stolen Note, a new . The substituted Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture security hereof and rank equally and proportionately in accordance with any and its terms with all other Notes duly issued of the same Series of Notes and Class of Notes created, issued, certified and delivered hereunder. The provisions applicant for a new Note shall bear the cost of this Section are exclusive the issue thereof, and in case of loss, destruction or theft, as a condition precedent to the issue thereof shall furnish such an affidavit of loss in form satisfactory to the Issuer Trustee and the Indenture Trustee, and an indemnity in amount and form satisfactory to each of them, and shall preclude (to pay all reasonable expenses of the extent lawful) all other rights Issuer Trustee and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen NotesIndenture Trustee incidental thereto.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered to the Trusteeshall become mutilated, destroyed, lost or stolen, the Company shall Borrower shall, upon the written request of the Lender, execute and the Trustee shall authenticate and deliver in exchange therefor replacement thereof, a new Note of a like tenor Series, in the same principal amount, dated the date of such Note and principal amount and bearing a certificate number not contemporaneously outstandingdesignated as issued under the Mortgage. If there the Note being replaced has become mutilated, such Note shall be delivered surrendered to the Company Administrative Agent and the Trustee (i) original thereof shall be furnished to the Borrower by the Administrative Agent. If the Note being replaced has been destroyed, lost or stolen, the Lender shall furnish to the Borrower and the Administrative Agent such security or indemnity as may be reasonably required by them to hold the Borrower and the Administrative Agent harmless and evidence satisfactory to their satisfaction the Borrower and the Administrative Agent of the destruction, loss or theft of any such Note and of the ownership thereof; provided, however, that if the Lender is an original party hereto or an Affiliate thereof or a bank or other financial institution with a net worth (iior capital and surplus, as the case may be) in excess of $500,000,000, the written notice of such security destruction, loss or indemnity as may be required by them to save each theft and such ownership and the written undertaking of them and any agent of either of them harmless, then, in the absence of notice Lender delivered to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute Borrower and the Trustee shall authenticate Administrative Agent to hold harmless the Borrower and deliver, the Administrative Agent in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses respect of the Trustee) connected therewith. Every execution and delivery of such new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyonesufficient evidence, security and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notesindemnity.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If (i) any mutilated Note is surrendered to the TrusteeIssuer, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) or Issuer receives evidence to their its satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to Issuer such security or indemnity as may be reasonably required by them it to save each of them and any agent of either of them hold Issuer harmless, then, in the absence of notice to the Company Issuer or the Trustee Note Registrar that such Note has been acquired by a bona fide purchaser, the Company Issuer shall execute and the Trustee shall authenticate and deliver, in exchange for or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note, a replacement Note has of a like aggregate principal amount; provided, however, that if Notes represented by any such destroyed, lost or stolen certificate, but not a mutilated certificate, shall have become or is about to become within seven days shall be due and payable, the Company in its discretion may, instead of issuing a new Notereplacement certificate, Issuer may pay to the holder of such Note. Upon destroyed, lost or stolen Note the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax amount due when so due or other governmental charge that may be imposed in relation thereto and any other expenses payable without surrender thereof. (including the fees and expenses of the Trusteeb) connected therewith. Every new Any duplicate Note issued pursuant to this Section 28 in lieu of replacement for any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the mutilated, destroyed, lost or stolen Note shall be found at any time enforceable or be enforced by anyoneany person, and shall be entitled to all the benefits of this Indenture Agreement equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered to the TrusteeTrustee or the Registrar, the Company Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstandingOutstanding; provided that, if required by the Issuer or the Trustee, such security or indemnity as may be required by them to save each of them and any agent of either of them harmless must be supplied by the relevant Holder in connection with such replacement. If there shall be is delivered to the Company Issuer and the Trustee Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Note and Note, and (iib) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company Issuer or the Trustee that such Note has been acquired by a bona fide purchaser, the Company Issuer shall execute and and, upon request, the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such NoteOutstanding. Upon the issuance of any new Note under this SectionSection 2.12, the Company Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section 2.12 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and such new Note shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section 2.12 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If any a mutilated Note is surrendered to the TrusteeRegistrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute issue and the Trustee shall authenticate and deliver in exchange therefor a new replacement Note if the requirements of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction Section 8-405 of the destructionUniform Commercial Code are met, loss or theft of any Note and such that the Holder (iia) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to satisfies the Company or the Trustee that such Note has been lost, destroyed or wrongfully taken 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 Company and the Trustee and the Registrar prior to the Note being acquired by a bona fide protected purchaser as defined in Section 8-303 of the Uniform Commercial Code (a “protected purchaser”), (c) satisfies any other reasonable requirements of the Trustee. Such Holder shall furnish a reasonable indemnity bond sufficient in the reasonable judgment of each the Trustee and the Company shall execute to protect the Company, Trustee, a Paying Agent and the Trustee shall authenticate and deliver, in lieu Registrar from any loss which any of any such destroyed, lost or stolen Note, them may suffer if a new Note of like tenor and principal amount and bearing a number not contemporaneously outstandingis replaced. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this SectionSection 2.11, the Company may require the payment of that such Holder pay a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of counsel and of the Trustee) connected in connection therewith. Every Subject to the proviso in the initial paragraph of this Section 2.11, every new Note issued pursuant to this Section 2.11, in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, any Guarantor (if applicable) and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section 2.11 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (a) any mutilated Note is shall be surrendered to the TrusteeNote Registrar, or if the Company Note Registrar shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) receive evidence to their its satisfaction of the destruction, loss loss, or theft of any Note and (iib) there shall be delivered to the Note Registrar, the Issuer and the Indenture Trustee such security or indemnity (an unsecured indemnity agreement of a Noteholder with a net worth at least equal to $200,000,000 containing terms reasonably satisfactory to the Indenture Trustee being sufficient for such security or indemnity requirement), as may be required by them to save each of them and any agent of either of them the Issuer harmless, then, then in the absence of notice to the Company or the Trustee that such Note has shall have been acquired by a bona fide purchaser, the Company Owner Trustee on behalf of the Issuer shall execute and the Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost lost, or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstandingdenomination. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon connection with the issuance of any new Note under this Section, the Company Indenture Trustee and the Note Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other connection therewith. The Indenture Trustee may charge such Holder for its expenses (including the fees and expenses of the Trusteeits counsel) connected therewithin replacing a Note. Every new Any duplicate Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation conclusive evidence of the Companyownership of such Note, as if originally issued, whether or not the mutilatedlost, destroyedstolen, lost or stolen destroyed Note shall be found at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notestime.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteeRegistrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute and upon Company Order the Trustee shall authenticate a replacement Note if the requirements of Section 8-405 of the Uniform Commercial Code are met and deliver in exchange therefor a new Note the Holder satisfies any other reasonable requirements of like tenor and principal amount and bearing a certificate number not contemporaneously outstandingthe Trustee. If there required by the Trustee or the Company, such Holder shall be delivered to furnish an affidavit of loss and indemnity bond sufficient in the judgment of the Company and the Trustee (i) evidence to their satisfaction of protect the destructionCompany, the Trustee, the Paying Agent, the Registrar and any co-Registrar from any loss or theft of that any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmlessmay suffer if a Note is replaced, thenand, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Outstanding. (b) Upon the issuance of any new Note under this SectionSection 2.9, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. . (c) Every new Note issued pursuant to this Section 2.9 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the CompanyCompany and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteeRegistrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute and upon Company Order the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstandingreplacement Note. If there required by the Trustee or the Company, such Holder shall be delivered to furnish an affidavit of loss and indemnity bond sufficient in the judgment of the Company and the Trustee (i) evidence to their satisfaction of protect the destructionCompany, the Trustee and any Agent from any loss or theft of that any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmlessmay suffer if a Note is replaced, thenand, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide protected purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Outstanding. (b) Upon the issuance of any new Note under this SectionSection 2.9, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. . (c) Every new Note issued pursuant to this Section 2.9 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the CompanyCompany and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If any 9.1 A mutilated Note is may be surrendered to and thereupon the Trustee, the Company company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. amount. 9.2 If there shall be by delivered to the Company and the Trustee company (i1) evidence to their the satisfaction of the Company of the destruction, loss or theft of any Note Note, and (ii2) such security or indemnity as may be required by them it to save each of them and any agent of either of them it harmless, then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and the Trustee shall authenticate and deliver, deliver in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. amount. 9.3 Upon the issuance of any new Note under this SectionSection 9, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. . 9.4 Every new Note issued pursuant to in accordance with this Section 9 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, or lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture the Notes equally and proportionately with any and all other Notes duly issued hereunder. . 9.5 The provisions of this Section 9 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to or the Company and the Trustee (i) receives evidence to their its satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaserNote, the Company shall execute issue and the Trustee, upon receipt of an Authentication Order or in accordance with a previously delivered Authentication Order, shall authenticate a replacement Note if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any Authenticating Agent from any loss that any of them may suffer if a Note is replaced. The Company and the Trustee may charge for their expenses in replacing a Note. Every replacement Note issued in accordance with this Section 2.07 is an additional obligation of the Company and any other obligor upon the Notes and shall authenticate be entitled to all of the benefits of this Indenture equally and deliver, proportionately with all other Notes duly issued hereunder. The Company and the Trustee may charge the Holder for their expenses in lieu of any such destroyed, lost or stolen replacing a Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case the event any such mutilated, destroyedlost, lost destroyed or stolen wrongfully taken Note has become or is about to become due and payable, the Company in its discretion may, may pay such Note instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunderreplacement thereof. The provisions of this Section 2.08 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyedlost, lost destroyed or stolen wrongfully taken Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be is delivered to the Company and the Trustee Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Note and Note, and (ii2) such security Note or indemnity as may be required by either of them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and and, upon written request, the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion discretion, but subject to any conversion rights, may, instead of issuing a new Note, pay such Note, upon satisfaction of the condition set forth in the preceding paragraph. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and such new Note shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) any mutilated Note is surrendered to the TrusteeNote Registrar, or the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) Registrar receives evidence to their its satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Indenture Trustee and the Note Registrar such security or indemnity as may be reasonably required by them to save hold each of them harmless and any agent of either of them harmlessother documents (including a lost note affidavit) that the Indenture Trustee and the Note Registrar may reasonably request, then, in the absence of actual notice to the Company Indenture Trustee or the Trustee Note Registrar that such Note has been acquired by a bona fide protected purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of the same Class, type and Series and of like tenor Note Principal Balance shall be executed, authenticated and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company delivered in its discretion may, instead of issuing a new Note, pay such Noteaccordance with Section 2.01(b). Upon the issuance of any new Note under this SectionSection 2.04, the Company Indenture Trustee and the Note Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the reasonable fees and expenses of the TrusteeIndenture Trustee and the Note Registrar) connected therewith. Every new Any replacement Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation complete and indefeasible evidence of the Companyownership of such Note, as if originally issued, whether or not the mutilatedlost, destroyed, lost stolen or stolen destroyed Note shall be found at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notestime.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) any mutilated Note is surrendered to the Trustee, the Company shall execute and or the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) receives evidence to their its satisfaction of the destruction, loss or theft of any Note Note, and (ii) such security or there is delivered to the Trustee by the Noteholder an agreement of indemnity as may be required by them in form and substance reasonably satisfactory to the Trustee to save each the Company and the Trustee harmless, provided, if the holder of them such Note is, or is a nominee for, an Institutional Investor with a net worth of at least $50,000,000 and any agent has a long term credit rating of either "A" or better, such Institutional Investor's own unsecured agreement of them harmlessindemnity shall be deemed to be satisfactory, then, in the absence of notice to the Company or the Trustee Note Registrar that such Note has been acquired by a bona fide purchaser, the Company shall execute and upon its request the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like the same Class, tenor and principal amount and Outstanding Note Balance as of the Closing Date, bearing a number not contemporaneously outstanding. In case ; provided, however, that if ----------------- any such mutilated, destroyed, lost or stolen Note has shall have become or is shall be about to become due and payable, payable the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Company or the Trustee may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) Trustee connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes).

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteeRegistrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute execute, and upon an Authentication Order, the Trustee shall authenticate and deliver in exchange therefor make available for delivery, a new replacement Note for such mutilated, lost or stolen Note, of like tenor and principal amount and amount, bearing a certificate number not contemporaneously outstanding. If there shall be delivered to Outstanding if: (1) the requirements of Section 8-405 of the Uniform Commercial Code are met, (2) the Holder satisfies any other reasonable requirements of the Trustee, and (3) neither the Company and nor the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of has received notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaserprotected purchaser (as defined in Section 8-303 of the Uniform Commercial Code). 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 shall execute and the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payableprotect the Company, the Company in its discretion mayTrustee, instead the Paying Agent, the Transfer Agent, the Registrar or any co-Registrar and the Note Custodian from any loss that any of issuing them may suffer if a new Note, pay such Note. Note is replaced. (b) Upon the issuance of any new Note under this SectionSection 2.09, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. . (c) Every new Note issued pursuant to this Section 2.09 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the CompanyCompany and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered to the Indenture Trustee, or the Company shall execute and the Indenture Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) receives evidence to their its satisfaction of the destruction, loss or theft of any Note Note, and (iia) there is delivered to the Trust, the Servicer and the Indenture Trustee such security or indemnity satisfactory to each of them as may be required by them to save each of them and any agent harmless (provided, that with respect to a Subordinate Noteholder which is an insurance company whose long-term debt or claims paying ability is rated investment grade or better by the Rating Agencies at such time, a letter of either of them harmlessindemnity furnished by it shall be sufficient for this purpose), then, in the absence of notice to the Company or the Indenture Trustee that any such Note has been acquired by a bona fide purchaser, the Company Trust shall execute and the Indenture Trustee shall authenticate and deliver, deliver in exchange for or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such NoteNote of like Class and Percentage Interest. Upon In connection with the issuance of any new Note under this SectionSection 5.04, the Company Indenture Trustee may require the payment by the Noteholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any thereto. Any other expenses (including the fees and expenses of the Indenture Trustee) connected therewithin connection therewith shall be paid by the Servicer. Every new Any duplicate Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note 5.04 shall constitute an original additional contractual obligation of a Note duly issued by the CompanyTrust, as if originally issued, whether or not the mutilatedlost, destroyed, lost stolen or stolen destroyed Note shall be found at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notestime.

Mutilated, Destroyed, Lost or Stolen Notes. If (a) any mutilated Note is surrendered to the TrusteeNote Registrar and Transfer Agent, or the Company shall execute Note Registrar and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) Transfer Agent receives evidence to their its satisfaction of the destruction, loss or theft of any Note Note; provided that a written statement of such destruction, loss or theft from any institutional Noteholder having a net worth at least equal to $5,000,000 shall constitute satisfactory evidence thereof, and (iib) there is delivered to the Note Registrar and Transfer Agent, the Trustee and the Issuer such security or indemnity as may be required by them to save each of them and harmless, provided that an unsecured agreement of indemnity from any agent of either of them harmlessinstitutional Noteholder shall be sufficient indemnity, then, in the absence of notice to the Company Trustee or the Trustee Issuer that such Note has been acquired by a bona fide purchaser, the Company Issuer shall execute execute, and upon the request of the Issuer, the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like Series tenor and principal amount and bearing a number not contemporaneously outstanding(in the case of any new Note of any Series) fractional undivided interest in such Series. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon connection with the issuance of any new Note under this SectionSection 6.04, the Company Trustee or the Note Registrar and Transfer Agent may require the payment by the Noteholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewiththereto. Every new Any duplicate Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and 6.04 shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes of the same Class and Series that are duly issued hereunder. The provisions of this Section are exclusive and , as if originally issued, whether or not the lost, stolen or destroyed Note shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notesbe found at any time.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered shall become mutilated, destroyed, lost or stolen, the Issuer shall, upon the written request of the Noteholder thereof and presentation of the Note or satisfactory evidence of destruction, loss or theft thereof to the TrusteeTrustee or Registrar, the Company shall execute issue, and the Trustee shall authenticate and the Trustee or Registrar shall deliver in exchange therefor or in replacement thereof, a new Note Note, payable to such Noteholder in the same principal amount, of like tenor the same maturity, with the same payment schedule, bearing the same interest rate and principal amount and bearing a certificate number not contemporaneously outstandingdated the date of its authentication. If there the Note being replaced has become mutilated, such Note shall be delivered surrendered to the Company Trustee or the Registrar and forwarded to the Issuer by the Trustee or such Registrar. If the Note being replaced has been destroyed, lost or stolen, the Noteholder thereof shall furnish to the Issuer, the Trustee and the Trustee Registrar (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (iia) such security or indemnity as may be required by them the Issuer, the Trustee and the Registrar to save each of them harmless (an unsecured indemnity from any QIB being satisfactory security or indemnity) and any agent of either of them harmless, then, in the absence of notice (b) evidence satisfactory to the Company or Issuer, the Trustee that and the Registrar of the destruction, loss or theft of such Note has been acquired by a bona fide purchaser, and of the Company shall execute and the Trustee shall authenticate and deliver, in lieu of ownership thereof (an affidavit from any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstandingQIB being satisfactory evidence). In case The Noteholders will be required to pay any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax Tax or other governmental charge that may be imposed in relation thereto connection with such exchange or replacement and any other expenses (including the reasonable fees and expenses of the TrusteeTrustee and the Registrar) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteeRegistrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute and upon Company Order the Trustee shall authenticate a replacement Note if the requirements of Section 8-405 of the Uniform Commercial Code are met and deliver in exchange therefor a new Note the Holder satisfies any other reasonable requirements of like tenor and principal amount and bearing a certificate number not contemporaneously outstandingthe Trustee. If there required by the Trustee or the Company, such Holder shall be delivered to furnish an affidavit of loss and indemnity bond sufficient in the judgment of the Company and the Trustee (i) evidence to their satisfaction of protect the destructionCompany, the Trustee, the Paying Agent, the Registrar and any co-Registrar from any loss or theft of that any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmlessmay suffer if a Note is replaced, thenand, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide protected purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Outstanding. (b) Upon the issuance of any new Note under this SectionSection 2.7, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. . (c) Every new Note issued pursuant to this Section 2.7 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Company, any Note Guarantor and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered to the TrusteeNote Registrar, the Company Issuer shall execute and the Trustee Note Registrar shall authenticate and deliver deliver, in exchange therefor therefor, a new Note of like tenor and principal amount the same Denomination and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company Issuer and the Trustee Note Registrar (i) evidence to their satisfaction of the destruction (including mutilation tantamount to destruction), loss or theft of any Note and the ownership thereof and (ii) such security or indemnity as may be reasonably required by any of them to save hold each of them and any agent of either any of them harmless, then, in the absence of notice to the Company Issuer or the Trustee Note Registrar that such Note has been acquired by a bona fide purchaser, the Company Issuer shall execute and the Trustee Note Registrar shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like the same tenor and principal amount Denomination registered in the same manner, dated the date of its authentication and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new replacement Note under this SectionSection 4.03, the Company Issuer may require the payment by the Holder of such Note of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the reasonable fees and expenses of the TrusteeNote Registrar) connected in connection therewith. Every new replacement Note issued pursuant to this Section 4.03 in lieu replacement of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section 4.03 are exclusive and shall preclude (to the extent lawfulpermitted by applicable law) 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 (a) any -------------------------------------------- mutilated Note is surrendered to the TrusteeTransfer Agent and Registrar, or the Company shall execute Transfer Agent and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) Registrar receives evidence to their its reasonable satisfaction of the destruction, loss or theft of any Note and (iib) there is delivered to the Transfer Agent and Registrar and the Trustee such security or indemnity as the Transfer Agent and Registrar and the Trustee may reasonably request (which, in the case of an Institutional Investor, will be required satisfied by them to save each of them and any agent of either of them harmlessan unsecured indemnity agreement), then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor and aggregate principal amount and bearing a number not contemporaneously outstandingbalance. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon connection with the issuance of any new Note under this SectionSection 9.3, the Company Trustee or the Transfer Agent and Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the TrusteeTrustee and Transfer Agent and Registrar) connected therewith, which sum shall not be an expense of the Trustee, Issuer or the Servicer. Every new Any replacement Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note 9.3 shall constitute an original additional contractual obligation complete and indefeasible evidence of the Companyindebtedness of Issuer, as if originally issued, whether or not the mutilatedlost, destroyed, lost stolen or stolen destroyed Note shall be found at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notestime.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and aggregate principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be is delivered to the Company and the Trustee Trustee (ia) evidence to their satisfaction of the destruction, loss or theft of any Note and Note, and (iib) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of actual notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and and, upon request, the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount amount, and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion discretion, but subject to any conversion rights, may, instead of issuing a new Note, pay such Note, upon satisfaction of the condition set forth in the preceding paragraph. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section 2.11 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and such new Note shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section 2.11 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If In case any Note shall become mutilated Note is surrendered to the Trusteeor be destroyed, lost or stolen, the Company shall execute in its discretion may execute, and upon its request the Trustee or an authenticating agent appointed by the Trustee shall authenticate and deliver in exchange therefor deliver, a new Note of like tenor and principal amount and Note, bearing a certificate number not contemporaneously outstanding, in exchange and substitution for the mutilated Note, or in lieu of and in substitution for the Note so destroyed, lost or stolen. If there In every case the applicant for a substituted Note shall be delivered furnish to the Company and Company, to the Trustee (i) evidence and, if applicable, to their satisfaction of the destruction, loss or theft of any Note and (ii) such authenticating agent such security or indemnity as may be required by them to save each of them and harmless for any agent of either of them harmlessloss, thenliability, cost or expense caused by or connected with such substitution, and, in every case of destruction, loss or theft, the absence of notice applicant shall also furnish to the Company or Company, to the Trustee that and, if applicable, to such authenticating agent evidence to their satisfaction of the destruction, loss or theft of such Note has been acquired and of the ownership thereof. Every substitute Note issued pursuant to the provisions of this Section 2.6 by a bona fide purchaser, virtue of the Company shall execute and the Trustee shall authenticate and deliver, in lieu of fact that any such Note is destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be found at any time enforceable by anyonetime, and shall be entitled to all the benefits of (but shall be subject to all the limitations set forth in) this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The To the extent permitted by law, all Notes shall be held and owned upon the express condition that the foregoing 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 or conversion of mutilated, destroyed, lost or stolen NotesNotes 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 or conversion of negotiable instruments or other securities without their surrender.

Mutilated, Destroyed, Lost or Stolen Notes. If In case any mutilated Note is surrendered to the Trusteeshall become mutilated, destroyed, lost or stolen, the Company Issuer shall execute and upon its request the Trustee shall authenticate and deliver in exchange therefor a new Note, evidencing the same rights and obligations as such mutilated, destroyed, lost or stolen Note of like tenor and principal amount and bearing having a certificate number not contemporaneously outstanding, in exchange and substitution for the mutilated Note or in lieu of and substitution for the Note destroyed, lost or stolen. If there In each case, the applicant for a substituted Note shall be delivered furnish to the Company Issuer and the Trustee such reasonable security or indemnity as may be required by them (ithe unsecured indemnity of an Initial Noteholder shall be deemed satisfactory for such purpose) and, in every case of destruction, loss or theft, the applicant shall also furnish to the Issuer and the Trustee evidence to their satisfaction of the destruction, loss or theft of any such Note and (ii) of the ownership thereof. In the case of mutilation, the applicant for a substituted Note shall surrender such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice mutilated Note to the Company Issuer or to the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and the for cancellation thereof. The Trustee shall authenticate any such substituted Note and deliver, in lieu deliver the same upon written request or authorization of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such NoteAuthorized Representative. Upon the issuance of any new Note under this Sectionsubstituted Note, the Company Issuer and the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto reasonable fees and any other expenses (including the fees and expenses of the Trusteeany governmental charge or tax) connected therewith. Every new Note issued pursuant to this Section in lieu In the case of any note which is mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation within the 15-day period prior to the Final Maturity Date, the Issuer may, instead of issuing a substitute Note, pay or authorize the payment of the Company, whether or not same (without surrender thereof except in the mutilated, destroyed, lost or stolen Note shall be at any time enforceable case of a mutilated Note) upon compliance by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately Noteholder with any and all other Notes duly issued hereunder. The 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 or stolen NotesSection.

Mutilated, Destroyed, Lost or Stolen Notes. If In case any Note shall become mutilated Note is surrendered to the Trusteeor be destroyed, lost or stolen, the Company shall in its discretion may execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and Note, bearing a certificate number not contemporaneously outstandingOutstanding, in exchange and substitution for the mutilated Note, or in lieu of and in substitution of the Note so destroyed, lost or stolen. If there In every case the applicant for a substituted Note shall be delivered furnish to the Company and such indemnity as may be required by the Trustee (i) Company to save it harmless for any loss, liability, cost or expense caused by or connected with such substitution, and, in every case of destruction, loss or theft, the applicant shall furnish to the Company, evidence to their its satisfaction of the destruction, loss or theft of such Note and of the ownership thereof. Every substitute Note issued pursuant to the provisions of this Section 2.4 by virtue of the fact that any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in lieu of any such is destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be found at any time enforceable by anyonetime, and shall be entitled to all the benefits of this Indenture and subject to all the limitations set forth herein equally and proportionately proportionally with any and all other Notes duly issued hereunderNotes. The To the extent permitted by law, all Notes shall be held and owned upon the express condition that the foregoing 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 or conversion of mutilated, destroyed, lost or stolen NotesNotes 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 or conversion of negotiable instruments or other securities without their surrender.

Mutilated, Destroyed, Lost or Stolen Notes. If (a) any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to or (b) the Company and the Trustee (i) receive evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Company or the Trustee, such security or indemnity and/or indemnity, in each case as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and upon receipt of a Company Order the Trustee shall authenticate and deliver, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new replacement Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new replacement Note, pay such Note. Upon the issuance of any new Note replacement Notes under this Section, the Company may require the payment of a sum sufficient to cover any tax pay all documentary, stamp or similar issue or transfer taxes or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the TrusteeTrustee and its agents and counsel) connected therewith. Every new replacement Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If (i) any mutilated Note is surrendered to the Indenture Trustee, or the Company shall execute and the Indenture Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) receives evidence to their its satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Indenture Trustee such security or indemnity as may be required by them it to save each of them hold the Issuer and any agent of either of them the Indenture Trustee harmless, then, in the absence of notice to the Company Issuer, the Note Registrar or the Indenture Trustee that such Note has been acquired by a bona fide protected purchaser, as defined in Section 8-303 of the Company shall execute UCC, and provided that the Trustee shall authenticate and deliverrequirements of Section 8-405 of the UCC are met, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. the (b) Upon the issuance of any new replacement Note under this SectionSection 2.6, the Company Issuer may require the payment by the Noteholder of such Note of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Indenture Trustee) connected therewith. . (c) Every new replacement Note issued pursuant to this Section 2.6 in lieu replacement of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. . (d) The provisions of this Section 2.6 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.all

Mutilated, Destroyed, Lost or Stolen Notes. If (a) any mutilated or defaced Note is surrendered to the TrusteePrincipal Paying Agent, or the Company shall execute and Principal Paying Agent or the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) receives evidence to their its satisfaction of the destruction, loss or theft of any Note and of the ownership thereof and (iib) 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 as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of written notice to the Company or Principal Paying Agent and the Trustee that such Note has been acquired by a bona fide “protected purchaser,” the Trustee, the Company upon an Issuer Order, shall execute authenticate, and the Trustee Principal Paying Agent shall authenticate register and deliver, in exchange and substitution for (upon surrender and cancellation thereof) or in lieu of and in substitution for any such mutilated, defaced, destroyed, lost or stolen Note, a new Note executed by the Issuer of like tenor and principal amount the same issuance date, registered in the same manner, dated the date of its authentication and bearing a number not contemporaneously outstandinginterest from the date to which interest has been paid on such replaced Note. In case any such mutilatedconnection with the execution, destroyed, lost or stolen Note has become or is about to become due authentication and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance delivery of any new Note under this Section, the Company Issuer, the Trustee or the Principal Paying Agent may require the payment by the holder thereof of a sum sufficient to cover any tax Tax or other governmental charge that may be imposed in relation thereto and any other fees and expenses (including the fees and expenses of the Principal Paying Agent or the Trustee) connected therewith. Every new Any duplicate Note issued pursuant to this Section in lieu shall constitute 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 or stolen Note shall constitute an original additional contractual obligation Notes may also be surrendered at the office of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen NotesLuxembourg Paying Agent.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered to the Indenture Trustee, or the Company shall execute and the Indenture Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) receives evidence to their its satisfaction of the destruction, loss or theft of any Note Note, and (iia) there is delivered to the Trust, the Servicer and the Indenture Trustee such security or indemnity satisfactory to each of them as may be required by them to save each of them and any agent harmless (provided, that with respect to a Class B Noteholder which is an insurance company whose long-term debt or claims paying ability is rated investment grade or better by the Rating Agencies at such time, a letter of either of them harmlessindemnity furnished by it shall be sufficient for this purpose), then, in the absence of notice to the Company or the Indenture Trustee that any such Note has been acquired by a bona fide purchaser, the Company Trust shall execute and the Indenture Trustee shall authenticate and deliver, deliver in exchange for or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such NoteNote of like Class and Percentage Interest. Upon In connection with the issuance of any new Note under this SectionSection 5.04, the Company Indenture Trustee may require the payment by the Noteholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any thereto. Any other expenses (including the fees and expenses of the Indenture Trustee) connected therewithin connection therewith shall be paid by the Servicer. Every new Any duplicate Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note 5.04 shall constitute an original additional contractual obligation of a Note duly issued by the CompanyTrust, as if originally issued, whether or not the mutilatedlost, destroyed, lost stolen or stolen destroyed Note shall be found at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notestime.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be is delivered to the Company and the Trustee Trustee (i1) evidence to their satisfaction of the destruction, loss or theft of any Note and Note, and (ii2) such security Note or indemnity as may be required by either of them to save each of them and any agent of either of them harmlessharmless against any cost, expense, loss or liability if any replaced Note is subsequently presented or claimed for payment, then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and and, upon written request, the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion discretion, but subject to any conversion rights, may, instead of issuing a new Note, pay such Note, upon satisfaction of the condition set forth in the preceding paragraph. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and such new Note shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) any mutilated Note is surrendered to the TrusteeNote Registrar, or the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) Registrar receives evidence to their its satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Indenture Trustee and the Note Registrar such security or indemnity as may be reasonably required by them to save hold each of them and any agent of either of them harmless, then, in the absence of actual notice to the Company Indenture Trustee or the Trustee Note Registrar that such Note has been acquired by a bona fide purchaser, the Company shall execute and the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of the same Class and Series and of like tenor Percentage Interest shall be executed, authenticated and principal amount and bearing a number not contemporaneously outstanding. In delivered in accordance with Section 2.01(b)(ii) (or registered in accordance with Section 2.01(a), in the case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new an Uncertificated Note, pay such Note). Upon the issuance of any new Note under this SectionSection 2.04, the Company Indenture Trustee and the Note Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the reasonable fees and expenses of the TrusteeIndenture Trustee and the Note Registrar) connected therewith. Every new Any replacement Note issued (or registered in the case of Uncertificated Notes) pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note 2.04 shall constitute an original additional contractual obligation complete and indefeasible evidence of the Companyownership of such Note, as if originally issued, whether or not the mutilatedlost, destroyed, lost stolen or stolen destroyed Note shall be found at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notestime.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteeRegistrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute and upon Company Order the Trustee shall authenticate a replacement Note if the requirements of Section 8-405 of the Uniform Commercial Code are met and deliver in exchange therefor a new Note the Holder satisfies any other reasonable requirements of like tenor and principal amount and bearing a certificate number not contemporaneously outstandingthe Trustee. If there required by the Trustee or the Company, such Holder shall be delivered to furnish an affidavit of loss and indemnity bond sufficient in the judgment of the Company and the Trustee (i) evidence to their satisfaction of protect the destructionCompany, the Trustee, the Paying Agent, the Registrar and any co-Registrar from any loss or theft of that any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmlessmay suffer if a Note is replaced, thenand, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide protected purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Outstanding. (b) Upon the issuance of any new Note under this SectionSection 2.9, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. . (c) Every new Note issued pursuant to this Section 2.9 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Company, any Guarantor and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (a) any mutilated Note is surrendered to the TrusteeTransfer Agent and Registrar, or the Company shall execute Transfer Agent and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) Registrar receives evidence to their its satisfaction of the destruction, loss or theft of any Note and (iib) there is delivered to the Transfer Agent and Registrar and Trustee such security or indemnity as may be required by them and Issuer to save hold each of them and any agent of either of them Issuer harmless, then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide BONA FIDE purchaser, the Company Issuer shall execute and and, upon the request of Issuer, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor class, tenor, terms and principal amount and bearing a number that is not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon connection with the issuance of any new Note under this Section, Trustee or the Company Transfer Agent and Registrar may require the payment by the Noteholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the reasonable fees and expenses of the TrusteeTrustee and Transfer Agent and Registrar) connected therewith. Every new Any duplicate Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation conclusive and indefeasible evidence of the Companyindebtedness of Issuer, as if originally issued, whether or not the mutilatedlost, destroyed, lost stolen or stolen destroyed Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture Agreement equally and proportionately with any and all other Notes of the same class that are duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteeRegistrar or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute and upon Company Order the Trustee shall authenticate and deliver in exchange therefor make available for delivery a new replacement Note for such mutilated, lost or stolen Note, of like tenor and principal amount and amount, bearing a certificate number not contemporaneously outstanding. If there shall be delivered to Outstanding if: (1) the requirements of Section 8-405 of the Uniform Commercial Code are met, (2) the Holder satisfies any other reasonable requirements of the Trustee, and (3) neither the Company and nor the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of has received notice to the Company or the Trustee that such Note has been acquired by a bona fide protected purchaser. 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 shall execute and the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payableprotect the Company, the Company in its discretion mayTrustee, instead the Paying Agent, the Registrar, any co-Registrar and the Note Custodian from any loss that any of issuing them may suffer if a new Note, pay such Note. Note is replaced. (b) Upon the issuance of any new Note under this SectionSection 2.10, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected in connection therewith. . (c) Every new Note issued pursuant to this Section 2.10 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Company, any Note Guarantor and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteePaying Agent in New York City or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute and upon Company Order the Trustee shall authenticate a replacement Note if such Holder shall furnish an affidavit of loss and deliver indemnity bond sufficient in exchange therefor a new Note the judgment of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of protect the destructionCompany, the Trustee, the Paying Agent, the Registrar and any co-Registrar from any loss or theft of that any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmlessmay suffer if a Note is replaced, thenand, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Outstanding. (b) Upon the issuance of any new Note under this SectionSection 2.9, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the reasonable fees and expenses of the Trustee, its agents and counsel) connected in connection therewith. . (c) Every new Note issued pursuant to this Section 2.9 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the CompanyCompany and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteeRegistrar 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 and deliver in exchange therefor a new replacement Note if the Holder satisfies any other reasonable requirements of like tenor and principal amount and bearing a certificate number not contemporaneously outstandingthe Trustee. If there required by the Trustee or the Company, such Holder shall be delivered to furnish an affidavit of loss and indemnity bond sufficient in the judgment of the Company and the Trustee (i) evidence to their satisfaction of protect the destructionCompany, the Trustee, the Paying Agent, the Registrar and any co-Registrar from any loss or theft of that any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmlessmay suffer if a Note is replaced, thenand, in the absence of notice to the Company or a Trust Officer of the Trustee that such Note has been acquired by a bona fide purchaserprotected purchaser (as defined in Section 8-303 of the Uniform Commercial Code of the State of New York), the Company shall execute and upon Company Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Outstanding. (b) Upon the issuance of any new Note under this Section‎Section 2.10, the Company Company, the Trustee and the Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the TrusteeCompany’s counsel, the Trustee and its counsel) connected in connection 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 new Note issued pursuant to this Section ‎Section 2.10 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the Company, whether or not Company and any other obligor upon the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyoneNotes, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. . (e) The provisions of this Section are ‎Section 2.10 shall be exclusive and shall preclude (be in lieu of, to the fullest extent lawful) permitted by applicable law, 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 any A mutilated Note is may be surrendered to the Trustee, and thereupon the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and to the Trustee Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note and Note, and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and upon its request the Trustee shall authenticate and deliver, deliver in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (i) any mutilated Note is surrendered to the TrusteeServicer, or the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) Servicer receives evidence to their its satisfaction of the destruction, loss or theft of any Note Note, and (ii) there is delivered to the Servicer such security or indemnity as may be required by them the Servicer to save each indemnify and hold the Issuer and the Servicer harmless (which in the case of them any holder that is, or is a subsidiary of, a bank or other institutional buyer with a net worth of at least $50,000,000, and any agent whose claims paying ability or long-term debt is rated at least investment grade or better by a Rating Agency, need only be such bank's or institutional buyer's unsecured written promise of either of them harmlessindemnity), then, in the absence of notice to the Company Issuer or the Trustee Note Registrar that such Note has been acquired by a bona fide purchaser, the Company Issuer shall execute and the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like the same tenor and principal amount and Initial Note Principal Balance, bearing a number not contemporaneously outstanding. In case ; provided, however, that if any such mutilated, destroyed, lost or stolen Note has shall have become or is shall be about to become due and payable, payable the Company Issuer in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note under this Section, the Company Issuer or the Servicer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewiththereto. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the CompanyIssuer, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered to the Indenture Trustee, or the Company shall execute and the Indenture Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) receives evidence to their its satisfaction of the destruction, loss or theft of any Note Note, and (iia) there is delivered to the Issuers and the Indenture Trustee such security or indemnity satisfactory to each of them as may be required by them to save each of them and any agent harmless (provided, that with respect to a Noteholder which is an insurance company whose long-term debt or claims paying ability is rated investment grade or better by Moodx'x xxx S&P at such time, a letter of either of them harmlessindemnity furnished by it shall be sufficient for this purpose), then, in the absence of notice to the Company or the Indenture Trustee that any such Note has been acquired by a bona fide purchaser, the Company Issuers shall execute and the Indenture Trustee shall authenticate and deliver, deliver in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor Class and principal amount and bearing a number not contemporaneously outstandingPercentage Interest. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon connection with the issuance of any new Note under this SectionSection 5.06, the Company Indenture Trustee may require the payment by the Noteholder, of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewiththereto. Every new Any duplicate Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note 5.06 shall constitute an original additional contractual obligation of a Note, duly issued by the CompanyIssuers, as if originally issued, whether or not the mutilatedlost, destroyed, lost stolen or stolen destroyed Note shall be found at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notestime.

Mutilated, Destroyed, Lost or Stolen Notes. (a) If any a mutilated Note is surrendered to the TrusteePaying Agent in New York City or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute and upon Company Order the Trustee shall authenticate a replacement Note if such Holder shall furnish an affidavit of loss and deliver indemnity bond sufficient in exchange therefor a new Note the judgment of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) evidence to their satisfaction of protect the destructionCompany, the Trustee, the Paying Agent, the Registrar and any co-Registrar from any loss or theft of that any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmlessmay suffer if a Note is replaced, thenand, in the absence of notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and upon Company Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Outstanding. (b) Upon the issuance of any new Note under this SectionSECTION 2.9, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the reasonable fees and expenses of the Trustee, its agents and counsel) connected in connection therewith. . (c) Every new Note issued pursuant to this Section SECTION 2.9 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note Note, shall constitute an original additional contractual obligation of the CompanyCompany and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered to the TrusteeTrustee or the Company, together with such security or indemnity as may be required by the Company or the Trustee to save each of them or any agent of either of them harmless, the Company shall execute and the Trustee Trustee, upon receipt of a Company Order, shall authenticate and deliver in exchange therefor a new Note of like tenor the same series and principal amount amount, containing identical terms and provisions and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and to the Trustee (i) evidence to their satisfaction of the destruction, loss or theft of any Note Note, and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of actual notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and and, upon receipt of a Company Order, the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor the same series and principal amount amount, containing identical terms and provisions and bearing a number not contemporaneously outstanding. In Notwithstanding the provisions of the previous two paragraphs, in case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay the amount due and payable with respect to such Note. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. | (a) If any a mutilated Note is surrendered to the TrusteePaying Agent in New York City or if the Holder of a Note claims that the Note has been lost, destroyed or wrongfully taken, the Company shall execute and upon Company Order the Trustee shall authenticate and deliver in exchange therefor a new replacement Note of like tenor the same series if such Holder shall furnish an affidavit of loss and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to indemnity bond sufficient in the Company judgment of the Company, the Guarantor and the Trustee (i) evidence to their satisfaction of protect the destructionCompany, the Guarantor, the Trustee, the Paying Agent, the Registrar and any co-Registrar from any loss or theft of that any Note and (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmlessmay suffer if a Note is replaced, thenand, in the absence of notice to the Company Company, the Guarantor or the Trustee that such Note has been acquired by a bona fide purchaser, the Company and the Guarantor shall execute and upon Company Order the Trustee shall authenticate and delivermake available for delivery, in exchange for any such mutilated Note or in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor the same series and principal amount and amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Outstanding. (b) Upon the issuance of any new Note under this SectionSection 2.9, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the reasonable fees and expenses of the Trustee, its agents and counsel) connected in connection therewith. . (c) Every new Note issued pursuant to this Section 2.9 in exchange for any mutilated Note, or in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, the Guarantor and any other obligor upon the Notes, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. 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 or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If any mutilated Note is surrendered to the Trustee, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and with the same aggregate principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be is delivered to the Company and the Trustee Trustee: (ia) evidence to their satisfaction of the destruction, loss or theft of any Note and Note, and (iib) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, then, in the absence of actual notice to the Company or the Trustee that such Note has been acquired by a bona fide purchaser, the Company shall execute and and, upon request, the Trustee shall authenticate and deliver, in lieu of any such destroyed, lost or stolen Note, a new Note of like tenor and principal amount amount, and bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion discretion, but subject to any conversion rights, may, instead of issuing a new Note, pay such Note, upon satisfaction of the condition set forth in the preceding paragraph. Upon the issuance of any new Note under this Section, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Note issued pursuant to this Section 2.11 in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and such new Note shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes duly issued hereunder. The provisions of this Section 2.11 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes.

Mutilated, Destroyed, Lost or Stolen Notes. If (a) any mutilated Note is surrendered to the TrusteeTransfer Agent and Registrar, or the Company shall execute Transfer Agent and the Trustee shall authenticate and deliver in exchange therefor a new Note of like tenor and principal amount and bearing a certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Trustee (i) Registrar receives evidence to their its satisfaction of the destruction, loss or theft of any Note and (iib) there is delivered to the Transfer Agent and Registrar, the Administrative Agent and the Trustee such security or indemnity as may be required by them and the Issuer to save hold each of them and any agent of either of them the Issuer harmless, then, in the absence of notice to the Company Trustee, the Administrative Agent or the Trustee Issuer that such Note has been acquired by a bona fide BONA FIDE purchaser, the Company Issuer shall execute and and, upon the Trustee request of the Issuer, the Administrative Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new Note of like tenor Class, Series, tenor, terms and principal amount or Stated Amount and bearing a number that is not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Note, pay such Note. Upon connection with the issuance of any new Note under this SectionSECTION 6.06, the Company Trustee, the Administrative Agent or the Transfer Agent and Registrar may require the payment by the Noteholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the reasonable fees and expenses of the Trustee, the Administrative Agent and the Transfer Agent and Registrar) connected therewith. Every new Any duplicate Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Note shall constitute an original additional contractual obligation of the Company, whether or not the mutilated, destroyed, lost or stolen Note shall be at any time enforceable by anyone, and SECTION 6.06 shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Notes of the same Class and Series that are duly issued hereunder. 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 or stolen Notes.