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

Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (i) any mutilated Trust Securities Certificate shall be surrendered to a Transfer Agent, or if a Transfer Agent shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate and (ii) there shall be delivered to the Transfer Agent and the Administrative Trustees such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide purchaser, the Administrative Trustees, or any one of them, on behalf of the Trust, shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution on behalf of the Trust is by facsimile signature, such Certificate shall be countersigned by a Transfer Agent; and the Administrative Trustees, or any one of them, shall make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.04, the Administrative Trustees or the Transfer Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Atlantic Capital Ii), Trust Agreement (Delmarva Power & Light Co /De/), Trust Agreement (Atlantic City Electric Co)

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Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (ia) any mutilated Trust Securities Certificate shall be surrendered to a Transfer Agentthe Securities Registrar, or if a Transfer Agent the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate and (iib) there shall be delivered to the Transfer Agent Securities Registrar and the Administrative Trustees Administrators such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide purchaser, the Administrative TrusteesAdministrators, or any one of them, on behalf of the Trust, Issuer Trust shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution on behalf of the Trust is by facsimile signature, such Certificate shall be countersigned by a Transfer Agent; and the Administrative Trustees, or any one of them, shall make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.04Section, the Administrative Trustees Administrators or the Transfer Agent Securities Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 shall constitute conclusive evidence of an ownership undivided beneficial interest in the assets of the Issuer Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (Keycorp Institutional Capital A), Trust Agreement (Keycorp Institutional Capital B)

Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (ia) any mutilated Trust Securities Certificate shall be surrendered to a the Transfer AgentAgent and Registrar, or if a the Transfer Agent and Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate and (iib) there shall be delivered to the Transfer Agent and Registrar and the Administrative Trustees such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide purchaser, the Administrative Trustees, or any one of them, on behalf of the Trust, Trust shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution on behalf of the Trust is by facsimile signature, such Certificate shall be countersigned by a Transfer Agent; and the Administrative Trustees, or any one of them, and, if executed on behalf of the Trust by facsimile signature, countersigned by the Transfer Agent and Registrar shall make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.04Section, the Administrative Trustees 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 connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.be

Appears in 2 contracts

Samples: Trust Agreement (Texas Utilities Electric Co), Trust Agreement (Texas Utilities Electric Co)

Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (ia) any mutilated Trust Securities Certificate shall be surrendered to a Transfer Agentthe Securities Registrar, or if a Transfer Agent the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate and (iib) there shall be delivered to the Transfer Agent Securities Registrar and the Administrative Trustees such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide protected purchaser, the Administrative Trustees, or any one of them, on behalf of the Trust, Trust shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution on behalf of the Trust is by facsimile signature, such Certificate shall be countersigned by a Transfer Agent; and the Administrative Trustees, or any one of them, shall make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.04Section, the Administrative Trustees or the Transfer Agent Securities Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 shall constitute conclusive evidence of an ownership undivided beneficial interest in the assets of the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time. The provisions of this Section 5.05 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 Trust Securities.

Appears in 2 contracts

Samples: Trust Agreement (Bank of the Ozarks Inc), Trust Agreement (Ozark Capital Trust)

Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (ia) any mutilated Trust Securities Certificate shall be surrendered to a Transfer Agent, or if a Transfer Agent shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate and (iib) there shall be delivered to the Transfer Agent and the Administrative Trustees such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide purchaser, the Administrative Trustees, or any one of them, on behalf of the Trust, shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution executed on behalf of the Trust is by facsimile signature, such Certificate shall be countersigned by cause a Transfer Agent; Agent or its agent to countersign and the Administrative Trustees, or any one of them, shall make available for deliverydeliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.045.05, the Administrative Trustees or the Transfer Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 5.05 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (Entergy Gulf States Inc), Trust Agreement (Entergy Gulf States Capital I)

Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (ia) any mutilated Trust Securities Certificate shall be surrendered to a Transfer Agentthe Securities Registrar, or if a Transfer Agent the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate Certificate, and (iib) there shall be delivered to the Transfer Agent Securities Registrar and the Administrative Trustees such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide purchaser, the Administrative Trustees, or any one of them, on behalf of the Trust, Trust shall execute by manual manual, facsimile or facsimile imprinted signature such Trust and the Property Trustee in the case of a Preferred Securities Certificate and, if execution on behalf of the Trust is by facsimile signature, such Certificate shall be countersigned by a Transfer Agent; authenticate and the Administrative Trustees, or any one of them, shall make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.04505, the Administrative Trustees or the Transfer Agent Securities Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 505 shall constitute conclusive evidence of an ownership undivided beneficial interest in the assets of the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (Metropolitan Capital Trust Ii), Trust Agreement (Metropolitan Capital Trust I)

Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (ia) any mutilated Trust Securities Certificate shall be surrendered to a Transfer Agentthe Trust or in the case of the Trust Preferred Securities to the Property Trustee or the Securities Registrar, or if a Transfer Agent the Trust or, in the case of the Trust Preferred Securities the Property Trustee or the Securities Registrar, shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate Certificate; and (iib) there shall be delivered to the Transfer Agent and the Administrative Trustees or in the case of the Trust Preferred Securities to the Property Trustee such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide purchaser, the Administrative Trustees, or any one of them, on behalf of the Trust, Trust shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution on behalf of the Trust is by facsimile signature, such Certificate shall be countersigned by a Transfer Agent; and the Administrative Trustees, or any one of them, shall make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.045.5, the Administrative Trustees or the Transfer Agent Securities Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 5.5 shall constitute -27- conclusive evidence of an ownership undivided beneficial interest in the assets of the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (United Bancorporation of Alabama Inc)

Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (ia) any mutilated Trust Securities Certificate shall be surrendered to a Transfer Agentthe Securities Registrar, or if a Transfer Agent the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate Certificate, and (iib) there shall be delivered to the Transfer Agent Securities Registrar and the Administrative Trustees such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide purchaser, the Administrative Trustees, or any one of them, on behalf of the Trust, Trust shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution executed on behalf of the Trust is by facsimile signature, such Certificate certificate shall be countersigned by a Transfer Agent; transfer agent, and the Administrative Trustees, or any one of them, shall make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.045.16, the Administrative Trustees or the Transfer Agent Securities Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 5.16 shall constitute conclusive evidence of an ownership undivided beneficial interest in the TrustTrust Property, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Caremark Rx Inc)

Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (ia) any mutilated Trust Securities Certificate shall be surrendered to a the Transfer AgentAgent and Registrar, or if a the Transfer Agent and Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate and (iib) there shall be delivered to the Transfer Agent and Registrar and the Administrative Trustees such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide purchaser, the Administrative Trustees, or any one of them, on behalf of the Trust, shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution on behalf of the Trust is by facsimile signature, such Certificate shall be countersigned by a the Transfer Agent; Agent and Registrar the Administrative Trustees, or any one of them, shall make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.04Section, the Administrative Trustees 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 connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Mp&l Capital I)

Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (i) any mutilated Trust Securities Certificate shall be surrendered to a Transfer Agentthe Securities Registrar, or if a Transfer Agent the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate and (ii) there shall be delivered to the Transfer Agent Securities Registrar and the Administrative Trustees Administrators such security or indemnity as may be required by them to save each of them and harmless (provided that if the Depositor harmlessHolder of such Trust Securities Certificate is an original Purchaser or an Institutional Investor, then each as defined in the Purchase Agreement, such Holder's own unsecured agreement of indemnity shall be deemed acceptable) then, in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide purchaser, the Administrative TrusteesAdministrators, or any one of them, on behalf of the Trust, Trust shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution on behalf of the Trust is by facsimile signature, such Certificate shall be countersigned by a Transfer Agent; and the Administrative Trustees, or any one of them, shall make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.04Section, the Administrative Trustees Administrators or the Transfer Agent Securities Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 shall constitute conclusive evidence of an ownership undivided beneficial interest in the TrustTrust Property, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.

Appears in 1 contract

Samples: Preferred Securities Purchase Agreement (Diamond Foods Inc)

Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (ia) any mutilated Trust Securities Certificate shall be surrendered to a Transfer Agentthe Securities Registrar, or if a Transfer Agent the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate Certificate, and (iib) there shall be delivered to the Transfer Agent Securities Registrar and the Administrative Trustees such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide purchaser, the Administrative Trustees, or any one of them, on behalf of the Trust, Trust shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution executed on behalf of the Trust is by facsimile signature, such Certificate certificate shall be countersigned by a Transfer Agent; transfer agent, and the Administrative Trustees, or any one of them, shall make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.045.5, the Administrative Trustees or the Transfer Agent Securities Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 5.5 shall constitute conclusive evidence of an ownership undivided beneficial interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.the

Appears in 1 contract

Samples: Trust Agreement (Txi Capital Trust I)

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Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (ia) any mutilated Trust Securities Certificate shall be surrendered to a Transfer Agentthe Securities Registrar, or if a Transfer Agent the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate Certificate; and (iib) there shall be delivered to the Transfer Agent Securities Registrar, the Property Trustee and the Administrative Trustees such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide protected purchaser, the Administrative Trustees, or any one of them, on behalf of the Trust, Trust shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution on behalf of the Trust is by facsimile signature, such Certificate shall be countersigned by a Transfer Agent; and the Administrative Trustees, or any one of them, shall make available for delivery, and the Property Trustee shall authenticate if necessary, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.045.05, the Administrative Trustees or the Transfer Agent Securities Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 5.05 shall constitute conclusive evidence of an ownership undivided beneficial interest in the assets of the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Tompkins Financial Corp)

Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (ia) any mutilated Trust Securities Certificate shall be surrendered to a Transfer Agentthe Securities Registrar, or if a Transfer Agent the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate Certificate, and (iib) there shall be delivered to the Transfer Agent Securities Registrar and the Administrative Trustees such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide purchaser, the Administrative Trustees, or any one of them, on behalf of the Trust, Trust shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution executed on behalf of the Trust is by facsimile signature, such Certificate certificate shall be countersigned by a Transfer Agent; transfer agent, and the Administrative Trustees, or any one of them, shall make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.0415, the Administrative Trustees or the Transfer Agent Securities Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 15 shall constitute conclusive evidence of an ownership undivided beneficial interest in the TrustTrust Property, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (CNB Capital Trust I)

Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (i) any mutilated Trust Securities Certificate shall be surrendered to a Transfer Agentthe Securities Registrar, or if a Transfer Agent the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate and (ii) there shall be delivered to the Transfer Agent Securities Registrar, the Property Trustee and the Administrative Trustees such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide protected purchaser, the Administrative Trustees, Trustees or any one of them, on behalf of the Trust, shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution them on behalf of the Trust is by facsimile signature, such Certificate shall be countersigned by a Transfer Agent; execute and cause the Administrative Trustees, or any one of them, shall Property Trustee to authenticate and make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.045.05, the Administrative Trustees or the Transfer Agent Securities Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 5.05 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.

Appears in 1 contract

Samples: Declaration of Trust (Exelon Corp)

Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (ia) any mutilated Trust Securities Certificate shall be surrendered to a Transfer Agentthe Securities Registrar, or if a Transfer Agent the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate and (iib) there shall be delivered to the Transfer Agent Securities Registrar and the Administrative Trustees such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide protected purchaser, the Administrative Trustees, Trustees or any one of them, on behalf of the Trust, shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution them on behalf of the Trust is by facsimile signature, such Certificate shall be countersigned by a Transfer Agent; execute and the Administrative Trustees, or any one of them, shall make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.045.05, the Administrative Trustees or the Transfer Agent Securities Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 5.05 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Nextel Communications Inc)

Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (ia) any mutilated Trust Securities Certificate shall be surrendered to a Transfer Agentthe Securities Registrar, or if a Transfer Agent the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate and (iib) there shall be delivered to the Transfer Agent Securities Registrar and the Administrative Trustees Agents such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide purchaser, the Administrative TrusteesAgents, or any one of them, on behalf of the Trust, Trust shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution on behalf of the Trust is by facsimile signature, such Certificate shall be countersigned by a Transfer Agent; and the Administrative Trustees, or any one of them, shall make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.045.5, the Administrative Trustees Agents or the Transfer Agent Securities Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 shall constitute conclusive evidence of an ownership undivided beneficial interest in the assets of the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (First Bank System Inc)

Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (i) any mutilated Trust Securities Certificate shall be surrendered to a Transfer Agentthe Securities Registrar, or if a Transfer Agent the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate and (ii) there shall be delivered to the Transfer Agent Securities Registrar and the Administrative Trustees Administrators such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide purchaser, the Administrative TrusteesAdministrators, or any one of them, on behalf of the Trust, Trust shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution on behalf of the Trust is by facsimile signature, such Certificate shall be countersigned by a Transfer Agent; and the Administrative Trustees, or any one of them, shall make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. In connection with the issuance of any new Trust Securities Certificate under this Section 5.04Section, the Administrative Trustees Administrators or the Transfer Agent Securities Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 shall constitute conclusive evidence of an ownership undivided beneficial interest in the TrustTrust Property, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time. The provisions of this Section 5.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement of mutilated, destroyed, lost or stolen Trust Securities.

Appears in 1 contract

Samples: Trust Agreement (Crestar Financial Corp)

Mutilated, Destroyed, Lost or Stolen Trust Securities Certificates. If (ia) any mutilated Trust Securities Certificate shall be surrendered to a Transfer Agentthe Securities Registrar, or if a Transfer Agent the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate Certificate; and (iib) there shall be delivered to the Transfer Agent Securities Registrar and the Administrative Trustees such security or indemnity as may be required by them to save each of them and the Depositor harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a bona fide purchaser, the Administrative Trustees, or any one of them, on behalf of the Trust, Trust shall execute by manual or facsimile signature such Trust Securities Certificate and, if execution on behalf of the Trust is by facsimile signature, such Certificate shall be countersigned by a Transfer Agent; and the Administrative Trustees, or any one of them, shall make available for delivery, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Securities Certificate, a new Trust Securities Certificate of like class, tenor and denomination. The Securities Registrar, Property Trustee and Delaware Trustee shall be deemed not to have notice of such acquisition unless a Responsible Officer of such Securities Registrar, Property Trustee or Delaware Trustee has received written notice of such acquisition. In connection with the issuance of any new Trust Securities Certificate under this Section 5.045.06, the Administrative Trustees or the Transfer Agent Securities Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Securities Certificate issued pursuant to this Section 5.04 5.06 shall constitute conclusive evidence of an ownership undivided beneficial interest in the assets of the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Bridge Bancorp Inc)

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