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

Mutilated, Destroyed, Stolen or Lost Bonds. 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 Bond so surrendered to the Trustee shall be canceled. 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 the Authority and indemnity satisfactory to the Trustee and the Authority shall be given, the Trustee, at the expense of the Owner, shall thereupon authenticate and deliver a new Bond of like tenor and number in lieu of and in substitution for the Bond so lost, destroyed, 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, destroyed, or stolen shall be equally and proportionately entitled to the benefits of this Trust Agreement with all other Bonds of the same series secured by this Trust Agreement. Neither the Authority nor the Trustee shall be required to treat both the original Bond and any 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, but both the original and duplicate Bond shall be treated as one and the same.

Appears in 1 contract

Samples: Trust Agreement

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Mutilated, Destroyed, Stolen or Lost Bonds. If any Bond shall become mutilated, mutilated the Trustee, Trustee at the expense of the Owner, Holder shall thereupon authenticate and deliver deliver, a new Bond of like tenor and number amount in exchange and substitution for the Bond so mutilated, but only upon surrender to the Trustee of the Bond so mutilated. Every mutilated Bond so surrendered to the Trustee shall be canceledcancelled. 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 the Authority and indemnity satisfactory to the Trustee and the Authority shall be given, the Trustee, at the expense of the OwnerHolder, shall thereupon authenticate and deliver deliver, a new Bond of like tenor and number in lieu of and in substitution for the Bond so lost, destroyed, destroyed 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 Local Agency and the Trustee in the premises. Any Bond issued under the provisions of this Section in lieu of any Bond alleged to be lost, destroyed, destroyed or stolen shall be equally and proportionately entitled to the benefits of this Trust Agreement with all other Bonds of the same series secured by this Trust Agreement. Neither the Authority Local Agency nor the Trustee shall be required to treat both the original Bond and any duplicate 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, but both the original and duplicate replacement Bond shall be treated as one and the same.

Appears in 1 contract

Samples: Trust Agreement

Mutilated, Destroyed, Stolen or Lost Bonds. If In case any Bond bond secured hereby shall become mutilatedmutilated or be destroyed, stolen or lost, the TrusteeAuthority shall cause to be executed, at and the expense of the Owner, Bond Registrar shall thereupon authenticate and deliver deliver, a new Bond bond of like date and tenor and number in exchange and substitution for and upon the Bond so mutilated, but only upon surrender to the Trustee of the Bond so mutilated. Every mutilated Bond so surrendered to the Trustee shall be canceled. If any Bond shall be lost, destroyed or stolen, evidence cancellation of such loss, destruction mutilated bond or theft may be submitted to the Trustee and, if such evidence be satisfactory to the Trustee and the Authority and indemnity satisfactory to the Trustee and the Authority shall be given, the Trustee, at the expense of the Owner, shall thereupon authenticate and deliver a new Bond of like tenor and number in lieu of and in substitution for the Bond so lostsuch bond, destroyed, stolen or stolen. The Trustee may require payment lost, upon the owner's paying the reasonable expenses and charges 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 Bond Registrar in connection therewith and, in the premisescase of a bond destroyed, stolen or lost, his filing with the Bond Registrar evidence satisfactory to it and to the Authority that such bond was destroyed, stolen or lost, and of his ownership thereof, and furnishing the Authority and the Bond Registrar with indemnity satisfactory to them. Any Bond Every bond issued under pursuant to the provisions of this Section in lieu of exchange or substitution for any Bond alleged to be lostbond that is mutilated, destroyed, stolen or lost shall constitute an additional contractual obligation of the Authority, whether the destroyed, stolen or lost bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits hereof equally and proportionately entitled with any and all other bonds duly issued under this Agreement. All bonds shall be held and owned upon the express condition that the foregoing provisions are exclusive with respect to the benefits replacement or payment of this Trust Agreement with mutilated, destroyed, stolen or lost bonds, and shall preclude any and all other Bonds rights or remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of the same series secured by this Trust Agreement. Neither the Authority nor the Trustee shall be required to treat both the original Bond and any duplicate Bond as being Outstanding for the purpose of determining the principal amount of Bonds which may be issued hereunder negotiable instruments or for the purpose of determining any percentage of Bonds Outstanding hereunder, but both the original and duplicate Bond shall be treated as one and the sameother securities without their surrender.

Appears in 1 contract

Samples: Trust Agreement

Mutilated, Destroyed, Stolen or Lost Bonds. If In case any Bond shall become mutilatedmutilated 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, at and also upon payment of all expenses incurred by the expense of City and the OwnerTrustee in connection therewith, the City shall thereupon 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 number date and bearing such numbers and notations as the Trustee shall determine in exchange and substitution for the Bond so mutilated, but only and upon surrender to the Trustee cancellation of the Bond so mutilated. Every mutilated Bond so surrendered to the Trustee shall be canceled. 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 the Authority and indemnity satisfactory to the Trustee and the Authority shall be given, the Trustee, at the expense of the Owner, shall thereupon authenticate and deliver a new Bond of like tenor and number in lieu of and in substitution for the Bond so lost, destroyed, stolen or stolenlost. The Trustee may require If any such destroyed, stolen or lost Bond shall have matured or shall have been called for redemption, payment of a reasonable sum for each new Bond the amount due thereon may be made by the City upon receipt of like proof, indemnity and payment of expenses. Any replacement Bonds issued under pursuant to 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, destroyed, or stolen shall be equally and proportionately entitled to the equal and proportionate benefits of this Trust Agreement with all other Bonds of the same series secured by this Trust Agreementissued hereunder. Neither the Authority nor The City and the Trustee shall not be required to treat both the original Bond and any duplicate 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 duplicate the replacement Bond shall be treated as one and the same.

Appears in 1 contract

Samples: www.cityofplacerville.org

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Mutilated, Destroyed, Stolen or Lost Bonds. If In the event any Bond shall become issued under this Indenture is mutilated, lost, stolen, or destroyed, the Trustee, at Corporation may execute and the expense of the Owner, shall thereupon Registrar may authenticate and deliver a new Bond of like tenor date, maturity and number denomination as that mutilated, lost, stolen, or destroyed, which new Bond shall be marked in exchange and substitution for a manner to distinguish it from the Bond so mutilatedfor which it was issued, but only upon surrender to provided that, in the Trustee case of the Bond so mutilated. Every any mutilated Bond, such mutilated Bond so shall first be surrendered to the Trustee Registrar, and in the case of any lost, stolen, or destroyed Xxxx there shall be canceled. If any Bond shall be lost, destroyed or stolen, first furnished to the Registrar evidence of such loss, theft, or destruction or theft may be submitted to the Trustee and, if such evidence be satisfactory to the Trustee and the Authority and Registrar, together with indemnity satisfactory to them. In the event any such Bond shall have matured, instead of issuing a duplicate Bond, the Trustee and the Authority shall be givenRegistrar may, upon receiving indemnity satisfactory to them, pay the Trustee, at the expense of the Owner, shall thereupon authenticate and deliver a new Bond of like tenor and number in lieu of and in substitution for the Bond so lost, destroyed, or stolensame without surrender thereof. 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 Registrar may charge the owner of such Bond with their reasonable fees and expenses in the premisesthis connection. Any Bond issued under pursuant to this paragraph shall be deemed an original, substitute contractual obligation of the provisions of this Section in lieu of any Bond alleged to be Corporation, whether or not the lost, destroyed, stolen or stolen destroyed Bond shall be equally found at any time, and proportionately shall be entitled to all the benefits of this Trust Agreement Indenture, equally and proportionately with any and all other Bonds of the same series secured by this Trust Agreement. Neither the Authority nor the Trustee shall be required to treat both the original Bond and any 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, but both the original and duplicate Bond shall be treated as one and the same.

Appears in 1 contract

Samples: Trust Indenture

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