Mutilated, Destroyed, Lost or Stolen Storm Recovery Bonds. If (a) any mutilated Storm Recovery Bond is surrendered to the Indenture Trustee or the Indenture Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Storm Recovery Bond and (b) there is delivered to the Indenture Trustee such security or indemnity as may be required by it to hold the Issuer and the Indenture Trustee harmless, then, in the absence of notice to the Issuer, the Storm Recovery Bond Registrar or the Indenture Trustee that such Storm Recovery Bond has been acquired by a Protected Purchaser, the Issuer shall, provided that the requirements of Section 8-401 of the UCC are met, execute, and, upon the Issuer’s written request, the Indenture Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Storm Recovery Bond, a replacement Storm Recovery Bond of like Series and principal amount, bearing a number not contemporaneously outstanding; provided, however, that, if any such destroyed, lost or stolen Storm Recovery Bond, but not a mutilated Storm Recovery Bond, shall have become or within seven days shall be due and payable, instead of issuing a replacement Storm Recovery Bond, the Issuer may pay such destroyed, lost or stolen Storm Recovery Bond when so due or payable without surrender thereof. If, after the delivery of such replacement Storm Recovery Bond or payment of a destroyed, lost or stolen Storm Recovery Bond pursuant to the proviso to the preceding sentence, a Protected Purchaser of the original Storm Recovery Bond in lieu of which such replacement Storm Recovery Bond was issued presents for payment such original Storm Recovery Bond, the Issuer and the Indenture Trustee shall be entitled to recover such replacement Storm Recovery Bond (or such payment) from the Person to whom it was delivered or any Person taking such replacement Storm Recovery Bond from such Person to whom such replacement Storm Recovery Bond was delivered or any assignee of such Person, except a Protected Purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Issuer or the Indenture Trustee in connection therewith. Upon the issuance of any replacement Storm Recovery Bond under this Section 2.06, the Issuer and/or the Indenture Trustee may require the payment by the Holder of such Storm Recovery Bond of a sum sufficient to cover any tax or other governmental charge that may be...
Mutilated, Destroyed, Lost or Stolen Storm Recovery Bonds. IF
(I) ANY MUTILATED STORM RECOVERY BOND IS SURRENDERED TO THE INDENTURE TRUSTEE, OR THE INDENTURE TRUSTEE RECEIVES EVIDENCE TO ITS SATISFACTION OF THE DESTRUCTION, LOSS OR THEFT OF ANY STORM RECOVERY BOND AND (II) THERE IS DELIVERED TO THE INDENTURE TRUSTEE SUCH SECURITY OR INDEMNITY AS MAY BE REQUIRED BY IT TO HOLD THE ISSUER AND THE INDENTURE TRUSTEE HARMLESS, THEN, IN THE ABSENCE OF NOTICE TO THE ISSUER, THE STORM RECOVERY BOND REGISTRAR OR THE INDENTURE TRUSTEE THAT SUCH STORM RECOVERY BOND HAS BEEN ACQUIRED BY A PROTECTED PURCHASER, THE ISSUER SHALL, PROVIDED THAT THE REQUIREMENTS OF SECTION 8-401 OF THE UCC ARE MET, EXECUTE AND, UPON THE ISSUER’S WRITTEN REQUEST, THE INDENTURE TRUSTEE SHALL AUTHENTICATE AND DELIVER, IN EXCHANGE FOR OR IN LIEU OF ANY SUCH MUTILATED, DESTROYED, LOST OR STOLEN STORM RECOVERY BOND, A REPLACEMENT STORM RECOVERY BOND OF LIKE TENOR AND PRINCIPAL AMOUNT, BEARING A NUMBER NOT CONTEMPORANEOUSLY OUTSTANDING; PROVIDED, HOWEVER, THAT IF ANY SUCH DESTROYED, LOST OR STOLEN STORM RECOVERY BOND, BUT NOT A MUTILATED STORM RECOVERY BOND, SHALL HAVE BECOME OR WITHIN SEVEN (7) DAYS SHALL BE DUE AND PAYABLE, INSTEAD OF ISSUING A REPLACEMENT STORM RECOVERY BOND, THE ISSUER MAY PAY SUCH DESTROYED, LOST OR STOLEN STORM RECOVERY BOND WHEN SO DUE OR PAYABLE WITHOUT SURRENDER THEREOF. IF, AFTER THE DELIVERY OF SUCH REPLACEMENT STORM RECOVERY BOND OR PAYMENT OF A DESTROYED, LOST OR STOLEN STORM RECOVERY BOND PURSUANT TO THE PROVISO TO THE PRECEDING SENTENCE, A PROTECTED PURCHASER OF THE ORIGINAL STORM RECOVERY BOND IN LIEU OF WHICH SUCH REPLACEMENT STORM RECOVERY BOND WAS ISSUED PRESENTS FOR PAYMENT SUCH ORIGINAL STORM RECOVERY BOND, THE ISSUER AND THE INDENTURE TRUSTEE SHALL BE ENTITLED TO RECOVER SUCH REPLACEMENT STORM RECOVERY BOND (OR SUCH PAYMENT) FROM THE PERSON TO WHOM IT WAS DELIVERED OR ANY PERSON TAKING SUCH REPLACEMENT STORM RECOVERY BOND FROM SUCH PERSON TO WHOM SUCH REPLACEMENT STORM RECOVERY BOND WAS DELIVERED OR ANY ASSIGNEE OF SUCH PERSON, EXCEPT A PROTECTED PURCHASER, AND SHALL BE ENTITLED TO RECOVER UPON THE SECURITY OR INDEMNITY PROVIDED THEREFOR TO THE EXTENT OF ANY LOSS, DAMAGE, COST OR EXPENSE INCURRED BY THE ISSUER OR THE INDENTURE TRUSTEE IN CONNECTION THEREWITH. Upon the issuance of any replacement Storm Recovery Bond under this Section 2.06, the Issuer and/or the Indenture Trustee may require the payment by the Holder of such Storm Recovery Bond of a sum sufficient to cover any tax or other governmental charge that may...
