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

Mutilated, Destroyed, Lost or Stolen. Trust Securities ----------------------------------------------------- Certificates. If (a) any mutilated Trust Securities Certificate shall be ------------ surrendered to the Securities Registrar, or if the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate; and (b) there shall be delivered to the Securities Registrar, the Property Trustee and the Administrative Trustees such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a protected purchaser, the Administrative Trustees, or any one of them, on behalf of the Trust shall execute and 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 5.6, the Administrative Trustees or the 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 5.6 shall constitute conclusive evidence of an 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 (Abc Bancorp Capital Trust I), Trust Agreement (Abc Bancorp Capital Trust I)

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Mutilated, Destroyed, Lost or Stolen. Trust Securities ----------------------------------------------------- Certificates. If (a) any mutilated Trust Securities Certificate shall be ------------ surrendered to the Securities Security Registrar, or if the Securities Security Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate; Certificate and (b) there shall be delivered to the Securities Registrar, the Property Trustee Security Registrar and the Administrative Trustees such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a protected bona fide purchaser, the Administrative Trustees, Trustees or any one of them, them on behalf of the Trust shall execute and authenticate and 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 5.6Section, the Administrative Trustees or the Securities Security 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 5.6 shall constitute conclusive evidence of an undivided beneficial ownership 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 (Duke Energy Capital Trust Ii), Trust Agreement (Duke Capital Financing Trust Iii)

Mutilated, Destroyed, Lost or Stolen. Trust Securities ----------------------------------------------------- Certificates. If (a) any mutilated Trust Securities Certificate shall be is surrendered ------------ surrendered to the Securities Registrar, or if the Securities Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate; Certificate and (b) there shall be is delivered to the Securities Registrar, the Property Trustee Registrar and the Administrative Trustees such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Trust Securities Certificate shall have has been acquired by a protected bona fide purchaser, the Administrative Trustees, or any one of them, on behalf of the Trust shall execute and 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 5.6Section, the Administrative Trustees or the 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 5.6 shall constitute conclusive evidence of an undivided beneficial interest in the assets of the TrustTrust Property, as if originally issued, whether or not the lost, stolen or destroyed Trust Securities Certificate shall be is found at any time.

Appears in 2 contracts

Samples: Trust Agreement (DPL Inc), Trust Agreement (DPL Inc)

Mutilated, Destroyed, Lost or Stolen. Trust Securities ----------------------------------------------------- Certificates. If (a) any mutilated mutilated, destroyed, lost or stolen Trust Securities ------------ Certificate shall be ------------ surrendered to the Securities Registrar, or if the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate; Certificate and (b) there shall be delivered to the Securities Registrar, the Property Trustee Registrar and the Administrative Trustees such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a protected bona fide purchaser, the Administrative Trustees, Trustees or any one of them, them on behalf of the Trust shall execute and 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 5.6Section, the Administrative Trustees or the 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 5.6 5.05 shall constitute conclusive evidence of an undivided beneficial interest in the assets of the Trust, as if originally issued, whether or not the mutilated, 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 1 contract

Samples: Trust Agreement (Rouse Company)

Mutilated, Destroyed, Lost or Stolen. Trust Securities ----------------------------------------------------- Certificates. If (a) any mutilated Trust Securities Certificate shall be ------------ surrendered to the Securities Registrar, or if the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate; Certificate and (b) there shall be delivered to the Securities Registrar, the Property Trustee Registrar and the Administrative Trustees such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a protected bona fide purchaser, the Administrative Trustees, or any one of them, on behalf of the Trust shall execute and make available for deliveryauthentication, where applicable, and the Property Trustee shall authenticate if necessarydelivery, 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 5.65.5, the Administrative Trustees or the 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 duplicative Trust Securities Certificate issued pursuant to this Section 5.6 5.5 shall constitute conclusive evidence of an 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. In case any such mutilated, destroyed, lost or stolen Trust Security has become or is about to become due and payable, the Trust in its discretion may, instead of issuing a new Trust Security, pay such Trust Security.

Appears in 1 contract

Samples: Trust Agreement (United Rentals Inc /De)

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Mutilated, Destroyed, Lost or Stolen. Trust Securities ----------------------------------------------------- Certificates. If (a) any mutilated Trust Securities Certificate shall be ------------ ------------- surrendered to the Securities Registrar, or if the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate; Certificate and (b) there shall be delivered to the Securities Registrar, the Property Trustee Registrar and the Administrative Trustees such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a protected bona fide purchaser, the Administrative Trustees, or any one of them, on behalf of the Trust shall execute and make available for authentication and 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 5.6Section, the Administrative Trustees or the 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 duplicative Trust Securities Certificate issued pursuant to this Section 5.6 shall constitute conclusive evidence of an 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 (Alcoa Trust I)

Mutilated, Destroyed, Lost or Stolen. Trust Securities ----------------------------------------------------- Certificates. If (a) any mutilated Trust Securities Certificate shall be ------------ surrendered to the Securities Registrar, or if the Securities Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Securities Certificate; Certificate and (b) there shall be delivered to the Securities Registrar, the Property Trustee Registrar and the Administrative Trustees such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Trust Securities Certificate shall have been acquired by a protected bona fide purchaser, the Administrative Trustees, Trustees or any one of them, them on behalf of the Trust shall execute and authenticate and 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 5.6Section, the Administrative Trustees or the 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 5.6 shall constitute conclusive evidence of an undivided beneficial ownership 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 (Yorkshire Power Group LTD)

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