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

Mutilated, Destroyed, Lost or Stolen. Certificates If (a) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class and Percentage Interest but bearing a number not contemporaneously outstanding. Upon the issuance of any new Certificate under this Section, 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 and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Banc of America Mortgage Securities Pass Thru Cert 2003-6), Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Pass THR Certs Ser 2003-5), Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Pass THR Certs Ser 2003-8)

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Mutilated, Destroyed, Lost or Stolen. Certificates If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and the Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class and Percentage Interest but bearing a number not contemporaneously outstanding. Upon the issuance of any new Certificate under this Section, 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 and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (RAMP Series 2006-Efc2 Trust)

Mutilated, Destroyed, Lost or Stolen. Certificates CERTIFICATES. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Trustee, or the Certificate Registrar Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the Trustee, the Depositor and the Certificate Registrar Trustee such security or indemnity reasonably satisfactory as may be required by it to each, to save each of them hold it harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenorClass, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon In connection with the issuance of any new Certificate under this SectionSection 5.03, 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 and any other expenses (including the fees and expenses of the Trustee and the Certificate RegistrarTrustee) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Trustownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Asset Trust 2006-4)

Mutilated, Destroyed, Lost or Stolen. Certificates Certificates. If (a) any mutilated Certificate is shall be surrendered to the Certificate Registrar Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is shall be delivered to the Trustee, the Depositor Certificate Registrar and the Certificate Registrar Owner Trustee such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmlessand the Trust from harm, then, then in the absence of actual notice to the Trustee Certificate Registrar or the Certificate Registrar Owner Trustee that such Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee shall execute on behalf of the Trust and the Owner Trustee or the Certificate Paying Agent, as the Trust's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingdenomination. Upon In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the 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 expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute complete and indefeasible conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 1 contract

Samples: Owner Trust Agreement (CSFB Acceptance Corp Home Equity Loan Back Notes Ser 2003-A)

Mutilated, Destroyed, Lost or Stolen. Certificates If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (bii) (except in the case of a mutilated Certificate) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such agreement, security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate execute and the Certificate Registrar shall countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenorClass, Class tenor and Percentage Interest but bearing a number not contemporaneously outstanding. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment by the Certificateholder 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 Certificate Registrar) connected therewiththereto. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 1 contract

Samples: Pooling Agreement (Bear Stearns Mortgage Securities Inc)

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Mutilated, Destroyed, Lost or Stolen. Certificates If (a) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee, the Depositor Servicer, the Seller and the Certificate Registrar Insurer such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, 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 and any other expenses (including the fees and expenses of the Trustee and the Certificate RegistrarTrustee) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in of the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aames Mortgage Trust 1999-1)

Mutilated, Destroyed, Lost or Stolen. Certificates Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the Trustee, the Depositor Registrar and the Certificate Registrar Trustee such security security, indemnity or indemnity reasonably satisfactory to eachbond, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee Registrar or the Certificate Registrar Trustee that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class and Percentage Fractional Undivided Interest but bearing a number not contemporaneously outstandingwith the same final Distribution Date. Upon In connection with the issuance of any new Certificate under this SectionSection 3.08, the Trustee may shall 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 Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.08 shall constitute complete and indefeasible conclusive evidence of ownership the appropriate Fractional Undivided Interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Trinity Industries Inc)

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