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

Mutilated, Destroyed, Lost or Stolen Securities. If (a) any mutilated Security (together, in the case of Bearer Securities, with all unmatured Coupons, if any, appertaining thereto) is surrendered to the Transfer Agent and Registrar, or the Transfer Agent and Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Security and (b) in the case of destruction, loss or theft, there is delivered to the Transfer Agent and Registrar and the Trustee such security or indemnity as may be required by them to hold each of them and the Trust harmless, then, in the absence of notice to the Trustee that such Security has been acquired by a protected purchaser, the Trustee shall (unless the Transfer Agent and Registrar is different from the Trustee, in which case the Transfer Agent and Registrar shall) authenticate and deliver (in compliance with applicable law), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security, a new Security of like tenor and aggregate Undivided Interest. In connection with the issuance of any new Security under this Section 6.4, the 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 Trustee and the Transfer Agent and Registrar) connected therewith. Any duplicate Security issued pursuant to this Section 6.4 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Security shall be found at any time.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Metris Master Trust), Pooling and Servicing Agreement (Metris Master Trust), Pooling and Servicing Agreement (Metris Master Trust)

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Mutilated, Destroyed, Lost or Stolen Securities. If (a) any mutilated Security (together, in the case of Bearer Securities, with all unmatured Coupons, if any, appertaining thereto) is surrendered to the Transfer Agent and Registrar, or the Transfer Agent and Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Security and (b) in the case of destruction, loss or theft, there is delivered to the Transfer Agent and Registrar and the Trustee such security or indemnity as may be required by them to hold each of them and the Trust harmless, then, in the absence of notice to the Trustee that such Security has been acquired by a protected bona fide purchaser, the Trustee shall (unless the Transfer Agent and Registrar is different from the Trustee, in which case the Transfer Agent and Registrar shall) authenticate and deliver (in compliance with applicable law), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security, a new Security of like tenor and aggregate Undivided Interest. In connection with the issuance of any new Security under this Section 6.4, the 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 Trustee and the Transfer Agent and Registrar) connected therewith. Any duplicate Security issued pursuant to this Section 6.4 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Security shall be found at any time.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Metris Receivables Inc), Pooling and Servicing Agreement (Metris Companies Inc)

Mutilated, Destroyed, Lost or Stolen Securities. If (ai) any mutilated Security (together, in the case of Bearer Securities, with all unmatured Coupons, if any, appertaining thereto) is surrendered to the Transfer Agent and Certificate Registrar, or the Transfer Agent and Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Security Security, and (bii) in the case of destruction, loss or theft, there is delivered to the Transfer Agent and Registrar Trustee and the Trustee Certificate Registrar such security or indemnity as may be reasonably required by them to hold save each of them and the Trust harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Security has been acquired by a protected purchaser, the Trustee Certificate Registrar shall (unless the Transfer Agent and Registrar is different from the Trusteeexecute, in which case the Transfer Agent and Registrar shall) authenticate and deliver (in compliance with applicable law)deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security, a new Security of the same Subclass and like tenor and aggregate Undivided Subclass Percentage Interest. In connection with Upon the issuance of any new Security under this Section 6.4Section, the Trustee or and the Transfer Agent and Certificate 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 Trustee and the Transfer Agent and Certificate Registrar) connected therewith. Any duplicate replacement Security issued pursuant to this Section 6.4 shall constitute complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Security shall be found at any time.

Appears in 2 contracts

Samples: Trust and Servicing Agreement (American Tower Corp /Ma/), Trust and Servicing Agreement (American Tower Corp /Ma/)

Mutilated, Destroyed, Lost or Stolen Securities. If (a) any mutilated Security (together, in the case of Bearer Securities, with all unmatured Coupons, Coupons (if any, ) appertaining thereto) is surrendered to the Transfer Agent and Registrar, or the Transfer Agent and Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Security and (b) in the case of destruction, loss or theft, there is delivered to the Transfer Agent and Registrar and the Trustee such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee that such Security has been acquired by a protected bona fide purchaser, the Transferor shall execute, the Trustee shall (unless authenticate and the Transfer Agent and Registrar is different from the Trustee, in which case the Transfer Agent and Registrar shall) authenticate and shall deliver (in compliance with applicable lawthe case of Bearer Securities, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security, a new Security of like tenor and aggregate Undivided Interestfractional undivided interest. In connection with the issuance of any new Security under this Section 6.4Section, the Trustee or the Transfer Agent and Registrar may require the payment by the Securityholder 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 and the Transfer Agent and Registrar) connected therewith. Any duplicate Security issued pursuant to this Section 6.4 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Security shall be found at any time.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Partners First Receivables Funding Corp), Pooling and Servicing Agreement (Partners First Credit Card Master Trust)

Mutilated, Destroyed, Lost or Stolen Securities. If (a) any mutilated Security (together, in the case of Bearer Securities, with all unmatured Coupons, if any, appertaining thereto) is surrendered to the Transfer Agent and Trustee or the Security Registrar, or the Transfer Agent Trustee and the Security Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Security Security, and (b) in the case of destruction, loss or theft, there is delivered to the Transfer Agent and Registrar Trustee and the Trustee Security Registrar such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to actual knowledge by the Trustee or the Security Registrar that such Security has been acquired by a protected bona fide purchaser, the Trustee shall (unless the Transfer Agent execute and Registrar is different from the Trustee, in which case the Transfer Agent and Registrar shall) authenticate and deliver (in compliance with applicable law)deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security, a new Security of the same Class and of like tenor and aggregate Undivided Percentage Interest. In connection with Upon the issuance of any new Security under this Section 6.4Section, the 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 Trustee and the Transfer Agent and Security Registrar) connected therewith. Any duplicate replacement Security issued pursuant to this Section 6.4 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lostdestroyed, lost or stolen or destroyed Security shall be found at any time.

Appears in 2 contracts

Samples: Pooling and Master Servicing Agreement (Southpoint Residential Mortgage Securities Corp), Pooling and Master Servicing Agreement (Fremont Mortgage Securities Corp)

Mutilated, Destroyed, Lost or Stolen Securities. If (a) any mutilated Security (together, in the case of Bearer Securities, with all unmatured Coupons, if any, appertaining thereto) is shall be surrendered to the Transfer Agent and Security Registrar, or if the Transfer Agent and Security Registrar receives shall receive evidence to its satisfaction of the destruction, loss loss, or theft of any Security and (b) in the case of destruction, loss or theft, there is shall be delivered to the Transfer Agent and Security Registrar and or the Trustee such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, then in the absence of notice to the Trustee that such Security has shall have been acquired by a protected purchaserbona fide purchaser other than the Person who requested a replacement Security, the Trustee on behalf of the Trust shall (unless execute and the Transfer Agent and Registrar is different from the Trustee, in which case the Transfer Agent and Registrar shall) Trustee shall authenticate and deliver (in compliance with applicable law)deliver, in exchange for or in lieu of any such mutilated, destroyed, lost lost, or stolen Security, a new Security of like tenor and aggregate Undivided Interestdenomination. In in connection with the issuance of any new Security under this Section 6.4, the Trustee or and the Transfer Agent and Security 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 Trustee and the Transfer Agent and Registrar) connected connection therewith. Any duplicate Security issued pursuant to this Section 6.4 shall constitute complete and indefeasible conclusive evidence of ownership [debt issued by a Trust] in the Trust, as if originally issued, whether or not the lost, stolen stolen, or destroyed Security shall be found at any time.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chevy Chase Bank FSB)

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Mutilated, Destroyed, Lost or Stolen Securities. If ----------------------------------------------- (a) any mutilated Security (together, in the case of Bearer Securities, with all unmatured Coupons, Coupons (if any, ) appertaining thereto) is surrendered to the Transfer Agent and Registrar, or the Transfer Agent and Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Security and (b) in the case of destruction, loss or theft, there is delivered to the Transfer Agent and Registrar and the Trustee such security or indemnity as may be required by them to hold save each of them and the Trust harmless, then, in the absence of notice to the Trustee that such Security has been acquired by a protected bona fide purchaser, the Transferor shall execute, the Trustee shall (unless authenticate and the Transfer Agent and Registrar is different from the Trustee, in which case the Transfer Agent and Registrar shall) authenticate and Xxxxxxxxx shall deliver (in compliance with applicable lawthe case of Bearer Securities, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security, a new Security of like tenor and aggregate Undivided Interestfractional undivided interest. In connection with the issuance of any new Security under this Section 6.4Section, the Trustee or the Transfer Agent and Registrar may require the payment by the Securityholder 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 and the Transfer Agent and Registrar) connected therewith. Any duplicate Security issued pursuant to this Section 6.4 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Security shall be found at any time.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First National Bank of Atlanta)

Mutilated, Destroyed, Lost or Stolen Securities. If (a) any mutilated Security (together, in the case of Bearer Securities, with all unmatured Coupons, if any, appertaining thereto) is surrendered to the Transfer Agent and Registrar, or the Transfer Agent and Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Security and (b) in the case of destruction, loss or theft, there is delivered to the Transfer Agent and Registrar and the Trustee such security or indemnity as may be required by them to hold each of them and the Trust harmless, then, in the absence of notice to the Trustee that such Security has been acquired by a protected bona fide purchaser, the Trustee shall (unless the Transfer Agent and Registrar is different from the Trustee, in which case the Transfer Agent and Registrar shall) authenticate and deliver (in compliance with applicable law), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security, a new Security of like tenor and aggregate Undivided Interestamount. In connection with the issuance of any new Security under this Section 6.4, the 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 Trustee and the Transfer Agent and Registrar) connected therewith. Any duplicate Security issued pursuant to this Section 6.4 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Security shall be found at any time.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fingerhut Receivables Inc)

Mutilated, Destroyed, Lost or Stolen Securities. If (a) ----------------------------------------------- any mutilated Security (together, in the case of Bearer Securities, with all unmatured Coupons, if any, appertaining thereto) is surrendered to the Transfer Agent and Security Registrar, or the Transfer Agent and Security Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Security Security, and (b) in the case of destruction, loss or theft, there is delivered to the Transfer Agent and Security Registrar and the Owner Trustee such security or indemnity as may be required by them each to hold each of them and the Trust save it harmless, then, then in the absence of notice to the Security Registrar or the Owner Trustee that such Security has been acquired by a protected bona fide purchaser, the Owner Trustee shall (unless the Transfer Agent execute and Registrar is different from the Trustee, in which case the Transfer Agent and Registrar shall) authenticate and deliver (in compliance with applicable law)deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Security, a new Security of like tenor and aggregate Undivided InterestPercentage. In connection with Upon the issuance of any new Security under this Section 6.43.4, the Owner 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 Trustee and the Transfer Agent and Registrar) connected therewith. Any duplicate Security issued pursuant to this Section 6.4 3.4 shall constitute complete and indefeasible evidence of ownership in of the TrustPercentage Interest evidenced thereby, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Security shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Chevy Chase Bank FSB)

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