Mutilated, Destroyed, Stolen or Lost Bonds. In case any Bond shall become mutilated or shall have been destroyed, stolen or lost, upon proof of ownership satisfactory to the Trustee and upon the surrender of such mutilated Bond at the Corporate Trust Office, or upon the receipt of evidence satisfactory to the Trustee of such destruction, theft or loss and upon receipt of indemnity satisfactory to the Trustee, and also upon payment of all expenses incurred by the City and the Trustee in connection therewith, the City shall execute and the Trustee shall authenticate and deliver at such office a new Bond or Bonds of the same Maturity Date for the same aggregate principal amount of authorized denominations of like tenor and date and bearing such numbers and notations as the Trustee shall determine in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for the Bond so destroyed, stolen or lost. If any such destroyed, stolen or lost Bond shall have matured or shall have been called for redemption, payment of the amount due thereon may be made by the City upon receipt of like proof, indemnity and payment of expenses. Any replacement Bonds issued pursuant to this Section shall be entitled to equal and proportionate benefits with all other Bonds issued hereunder. The City and the Trustee shall not be required to treat both the original Bond and any replacement Bond as being Outstanding for the purpose of determining the principal amount of Bonds which may be issued hereunder or for the purpose of determining any percentage of Bonds Outstanding hereunder; instead, both the original and the replacement Bond shall be treated as one and the same.
Appears in 1 contract
Samples: Trust Indenture
Mutilated, Destroyed, Stolen or Lost Bonds. In case the event any Bond shall become mutilated issued under this Indenture is mutilated, lost, stolen, or shall have been destroyed, stolen or the Corporation may execute and the Registrar may authenticate a new Bond of like date, maturity and denomination as that mutilated, lost, upon proof stolen, or destroyed, which new Bond shall be marked in a manner to distinguish it from the Bond for which it was issued, provided that, in the case of ownership any mutilated Bond, such mutilated Bond shall first be surrendered to the Registrar, and in the case of any lost, stolen, or destroyed Xxxx there shall be first furnished to the Registrar evidence of such loss, theft, or destruction satisfactory to the Trustee and upon the surrender of such mutilated Bond at the Corporate Trust OfficeRegistrar, or upon the receipt of evidence satisfactory to the Trustee of such destruction, theft or loss and upon receipt of together with indemnity satisfactory to them. In the Trustee, and also upon payment of all expenses incurred by the City and the Trustee in connection therewith, the City shall execute and the Trustee shall authenticate and deliver at such office a new Bond or Bonds of the same Maturity Date for the same aggregate principal amount of authorized denominations of like tenor and date and bearing such numbers and notations as the Trustee shall determine in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for the Bond so destroyed, stolen or lost. If event any such destroyed, stolen or lost Bond shall have matured or shall have been called for redemptionmatured, payment instead of issuing a duplicate Bond, the amount due thereon Trustee and the Registrar may, upon receiving indemnity satisfactory to them, pay the same without surrender thereof. The Trustee and the Registrar may be made by charge the City upon receipt owner of like proof, indemnity such Bond with their reasonable fees and payment of expensesexpenses in this connection. Any replacement Bonds Bond issued pursuant to this Section paragraph shall be deemed an original, substitute contractual obligation of the Corporation, whether or not the lost, stolen or destroyed Bond shall be found at any time, and shall be entitled to equal all the benefits of this Indenture, equally and proportionate benefits proportionately with any and all other Bonds issued hereunder. The City and the Trustee shall not be required to treat both the original Bond and any replacement Bond as being Outstanding for the purpose of determining the principal amount of Bonds which may be issued hereunder or for the purpose of determining any percentage of Bonds Outstanding hereunder; instead, both the original and the replacement Bond shall be treated as one and the same.
Appears in 1 contract
Samples: Trust Indenture
Mutilated, Destroyed, Stolen or Lost Bonds. In case If any Bond shall become mutilated, the Trustee, at the expense of the Owner, shall thereupon authenticate and deliver a new Bond of like tenor and number in exchange and substitution for the Bond so mutilated, but only upon surrender to the Trustee of the Bond so mutilated. Every mutilated or Bond so surrendered to the Trustee shall have been destroyed, stolen or be canceled. If any Bond shall be lost, upon proof destroyed or stolen, evidence of ownership such loss, destruction or theft may be submitted to the Trustee and, if such evidence be satisfactory to the Trustee and upon the surrender of such mutilated Bond at the Corporate Trust Office, or upon the receipt of evidence Authority and indemnity satisfactory to the Trustee of such destructionand the Authority shall be given, theft or loss and upon receipt of indemnity satisfactory to the Trustee, and also upon payment at the expense of all expenses incurred by the City and the Trustee in connection therewithOwner, the City shall execute and the Trustee shall thereupon authenticate and deliver at such office a new Bond or Bonds of the same Maturity Date for the same aggregate principal amount of authorized denominations of like tenor and date and bearing such numbers and notations as the Trustee shall determine in exchange and substitution for and upon cancellation of the mutilated Bond or number in lieu of and in substitution for the Bond so lost, destroyed, stolen or stolen. The Trustee may require payment of a reasonable sum for each new Bond issued under this Section 2.09 and of the expenses which may be incurred by the Authority and the Trustee in the premises. Any Bond issued under the provisions of this Section in lieu of any Bond alleged to be lost. If any such , destroyed, or stolen or lost Bond shall have matured or shall have been called for redemption, payment of the amount due thereon may be made by the City upon receipt of like proof, indemnity and payment of expenses. Any replacement Bonds issued pursuant to this Section shall be equally and proportionately entitled to equal and proportionate the benefits of this Trust Agreement with all other Bonds issued hereunderof the same series secured by this Trust Agreement. The City and Neither the Authority nor the Trustee shall not be required to treat both the original Bond and any replacement duplicate Bond as being Outstanding for the purpose of determining the principal amount of Bonds which may be issued hereunder or for the purpose of determining any percentage of Bonds Outstanding hereunder; instead, but both the original and the replacement duplicate Bond shall be treated as one and the same.
Appears in 1 contract
Samples: Trust Agreement
Mutilated, Destroyed, Stolen or Lost Bonds. In case If any Bond shall become mutilated or shall have been destroyedmutilated, stolen or lost, upon proof of ownership satisfactory to the Trustee and upon the surrender of such mutilated Bond at the Corporate Trust Office, or upon the receipt of evidence satisfactory to the Trustee of such destruction, theft or loss and upon receipt of indemnity satisfactory to the Trustee, and also upon payment at the expense of all expenses incurred by the City and the Trustee in connection therewithOwner, the City shall execute and the Trustee shall thereupon authenticate and deliver at such office a new Bond or Bonds of the same Maturity Date for Series of Bonds and maturity of Authorized Denominations equal in aggregate Principal Amount to the same aggregate principal amount of authorized denominations of like tenor and date and bearing such numbers and notations as the Trustee shall determine Bond so mutilated in exchange and substitution for and the Bond so mutilated, but only upon cancellation surrender to the Trustee of the Bond so mutilated, and every mutilated Bond so surrendered to the Trustee shall be cancelled. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee and, if such evidence be satisfactory to the Trustee and indemnity satisfactory to the Trustee shall be given, the Trustee, at the expense of the Owner, shall thereupon authenticate and deliver a new Bond of the same Series of Bonds and maturity of Authorized Denominations equal in aggregate Principal Amount to the Bond so lost, destroyed or stolen in lieu of and in substitution for the Bond so destroyedlost, stolen destroyed or loststolen. If any such destroyed, stolen or lost Bond shall have matured or shall have been called for redemption, The Trustee may require payment of a reasonable sum for each new Bond delivered under this Section and of the amount due thereon expenses which may be made incurred by the City upon receipt of like proof, indemnity Agency and payment of expensesthe Trustee in the premises. Any replacement Bonds issued pursuant to Bond delivered under the provisions of this Section in lieu of any Bond alleged to be lost, destroyed or stolen shall be equally and proportionately entitled to equal and proportionate the benefits hereof with all other Bonds issued hereunder. The City secured hereby, and neither the Agency nor the Trustee shall not be required to treat both the original Bond and any replacement Bond as being Outstanding for the purpose of determining the principal amount of Bonds which may be issued hereunder or for the purpose of determining any percentage of Bonds Outstanding hereunder; instead, but both the original and the replacement Bond shall be treated as one and the same.
Appears in 1 contract
Samples: Trust Agreement