Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is mutilated, lost, stolen, or destroyed, the Issuer shall execute and the Trustee shall authenticate a new Bond of like date and denomination as that mutilated, lost, stolen or destroyed, provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Issuer or the Trustee, and in the case of any lost, stolen, or destroyed Bond, there first shall be furnished to the Issuer and the Trustee evidence of such loss, theft or destruction satisfactory to the Issuer and the Trustee, together with an indemnity satisfactory to them. In the event any such Bond shall have matured, the Trustee, instead of issuing a duplicate Bond, may pay the same without surrender thereof, making such requirements as it deems fit for its protection, including a lost instrument bond. The Issuer and the Trustee may charge the Owner of such Bond with their reasonable fees and expenses for such service. In authenticating a new Bond, the Trustee may conclusively assume that the Issuer is satisfied with the adequacy of the evidence presented concerning the mutilation, loss, theft or destruction of any Bond or with any indemnity furnished in connection therewith if, after notification of the same, the Trustee has not received within two days following such notification written notice from the Issuer to the contrary.
Appears in 5 contracts
Samples: Lease Agreement (NuStar Energy L.P.), Lease Agreement (NuStar Energy L.P.), Lease Agreement (NuStar Energy L.P.)
Mutilated, Lost, Stolen or Destroyed Bonds. In the event If any Series 20 Bond is mutilated, lost, stolen, stolen or destroyed, the Issuer shall may execute and the Trustee shall may authenticate a new Series 20 Bond of like date date, maturity and denomination as that mutilated, lost, stolen or destroyed, ; provided that, in the case of any mutilated Series 20 Bond, such mutilated Series 20 Bond shall first be surrendered to the Issuer or the TrusteeIssuer, and in the case of any lost, stolen, stolen or destroyed Series 20 Bond, there first shall be first furnished to the Issuer and the Trustee evidence of such loss, theft or destruction satisfactory to the Issuer and the Trustee, together with an indemnity satisfactory to themit. In the event If any such Series 20 Bond shall have matured, the Trustee, instead of issuing a duplicate Bond, Series 20 Bond the Issuer may pay the same without surrender thereof; provided, making however, that in the case of a lost, stolen or destroyed Series 20 Bond, there shall be first furnished to the Trustee evidence of such requirements as it deems fit for its protectionloss, including a lost instrument bondtheft or destruction satisfactory to the Trustee, together with indemnity satisfactory to it. The Issuer and the Trustee may charge the Owner holder or owner of such Series 20 Bond with their reasonable fees and expenses for such servicein this connection. In authenticating a new Bond, the Trustee may conclusively assume that the Issuer is satisfied with the adequacy Any Series 20 Bond issued pursuant to this Section 2.9 shall be deemed part of the evidence presented concerning the mutilation, loss, theft or destruction original series of any Bond or with any indemnity furnished Series 20__ Bonds in connection therewith if, after notification respect of which it was issued and an original additional contractual obligation of the same, the Trustee has not received within two days following such notification written notice from the Issuer to the contraryIssuer.
Appears in 3 contracts
Samples: Trust Indenture, Trust Indenture, Trust Indenture
Mutilated, Lost, Stolen or Destroyed Bonds. In the event If any Series 2022 Bond is mutilated, lost, stolen, stolen or destroyed, the Issuer shall may execute and the Trustee shall authenticate may authenticate, upon the written direction of the Issuer, a new Series 2022 Bond of like date date, maturity and denomination as that mutilated, lost, stolen or destroyed, ; provided that, in the case of any mutilated Series 2022 Bond, such mutilated Series 2022 Bond shall first be surrendered to the Issuer or the Trustee, and in the case of any lost, stolen, stolen or destroyed Series 2022 Bond, there first shall be first furnished to the Issuer and the Trustee evidence of such loss, theft or destruction satisfactory to the Issuer and the Trustee, together with an indemnity satisfactory to themit. In the event If any such Series 2022 Bond shall have matured, the Trustee, instead of issuing a duplicate Bond, Series 2022 Bond the Issuer may pay the same without surrender thereof; provided, making such requirements as it deems fit for its protectionhowever, including that in the case of a lost instrument bond. The Issuer and lost, stolen or destroyed Series 2022 Bond, there shall be first furnished to the Trustee may charge the Owner evidence of such Bond with their reasonable fees and expenses for such service. In authenticating a new Bond, the Trustee may conclusively assume that the Issuer is satisfied with the adequacy of the evidence presented concerning the mutilation, loss, theft or destruction satisfactory to the Trustee, together with indemnity satisfactory to it. The Trustee may charge the holder or owner of any such Series 2022 Bond or with any indemnity furnished their fees and expenses in connection therewith if, after notification this connection. Any Series 2022 Xxxx issued pursuant to this Section 2.9 shall be deemed part of the same, original series of Series 2022 Bonds in respect of which it was issued and an original additional contractual obligation of the Trustee has not received within two days following such notification written notice from the Issuer to the contraryIssuer.
Appears in 2 contracts
Samples: Trust Indenture Between, Trust Indenture
Mutilated, Lost, Stolen or Destroyed Bonds. In Except when the Bonds are held in the Book-Entry System, in the event any Bond is mutilated, lost, stolen, or destroyed, the Issuer shall execute and the Trustee shall authenticate a new Bond of like date and denomination as that mutilated, lost, stolen or destroyed, provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Issuer or the Trustee, and in the case of any lost, stolen, or destroyed Bond, there first shall be furnished to the Issuer and the Trustee evidence of such loss, theft or destruction satisfactory to the Issuer and the Trustee, together with an indemnity satisfactory to themthem which indemnity shall, in any event, name the Tender Agent as a beneficiary. In the event any such Bond shall have matured, the Trustee, instead of issuing a duplicate Bond, may pay the same without surrender thereof, making such requirements as it deems fit for its protection, including a in addition to the lost instrument bondbond required by State law. The Issuer and the Trustee may charge the Owner of such Bond with their reasonable fees and expenses for such service. In authenticating executing a new Bond, the Issuer may rely conclusively upon a representation by the Trustee may conclusively assume that the Issuer Trustee is satisfied with the adequacy of the evidence presented concerning the mutilation, loss, theft or destruction of any Bond or with any indemnity furnished in connection therewith if, after notification of the same, the Trustee has not received within two days following such notification written notice from the Issuer to the contraryBond.
Appears in 2 contracts
Samples: Simmons Co /Ga/, Simmons Co /Ga/
Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is certificate shall become mutilated, or be lost, stolen, stolen or destroyed, the Issuer shall execute and the Trustee shall authenticate and deliver a new Bond certificate of like series, date and denomination tenor as that the Bond certificate mutilated, lost, stolen or destroyed, provided that, in . In the case of any mutilated BondBond certificate, such mutilated Bond shall first be surrendered to the Issuer or the Trustee, ; and in the case of any lost, stolen, stolen or destroyed BondBond certificate, there first shall be first furnished to the Issuer and the Trustee evidence of such loss, theft or destruction satisfactory to the Issuer and the Trustee, together with an indemnity satisfactory to them. In the event any such Bond shall have matured, the Trustee, instead of issuing a duplicate Bond, substitute Bond certificate the Issuer may pay or authorize the payment of the same without surrender thereofof the certificate. Upon the issuance of any substitute Bond certificate, making such requirements as it deems fit for its protection, including a lost instrument bond. The the Issuer and the Trustee may require the payment of an amount sufficient to reimburse the Issuer and the Trustee for any tax or other governmental charge the Owner of such Bond with their that may be imposed in relation thereto and any other reasonable fees and expenses for such service. In authenticating a new Bond, the Trustee may conclusively assume that the Issuer is satisfied incurred in connection with the adequacy of the evidence presented concerning the mutilation, loss, theft or destruction of any Bond or with any indemnity furnished in connection therewith if, after notification of the same, the Trustee has not received within two days following such notification written notice from the Issuer to the contraryissuance thereof.
Appears in 2 contracts
Samples: Trust Indenture, Trust Indenture
Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is mutilated, lost, stolen, stolen or destroyed, the Issuer shall may execute and the Trustee shall may authenticate a new Bond of like date date, maturity and denomination as that mutilated, lost, stolen or destroyed, ; provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Issuer or the TrusteeIssuer, and in the case of any lost, stolen, stolen or destroyed Bond, there first shall be first furnished to the Issuer and the Trustee evidence of such loss, theft or destruction satisfactory to the Issuer and the Trustee, together with an indemnity satisfactory to themit. In the event any such Bond shall have matured, the Trustee, instead of issuing a duplicate Bond, Bond the Issuer may pay the same without surrender thereof; provided, making such requirements as it deems fit for its protectionhowever, including that in the case of a lost instrument bond. The Issuer and lost, stolen or destroyed Bond, there shall be first furnished to the Trustee may charge the Owner evidence of such Bond with their reasonable fees and expenses for such service. In authenticating a new Bond, the Trustee may conclusively assume that the Issuer is satisfied with the adequacy of the evidence presented concerning the mutilation, loss, theft or destruction satisfactory to the Trustee, together with indemnity satisfactory to it. The Trustee may charge the holder or owner of any such Bond or with any indemnity furnished its reasonable fees and expenses in connection therewith if, after notification this connection. Any Bond issued pursuant to this Section 2.7 shall be deemed part of the same, original series of Bonds in respect of which it was issued and an original additional contractual obligation of the Trustee has not received within two days following such notification written notice from the Issuer to the contraryIssuer.
Appears in 1 contract
Samples: Trust Indenture
Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is mutilated, lost, stolen, stolen or destroyed, the Issuer shall Authority may execute and the Trustee shall may authenticate a new Bond of like date date, maturity and denomination as to that mutilated, lost, stolen or destroyed, ; provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Issuer or the Trustee, and in the case of any lost, stolen, stolen or destroyed Bond, there first shall be first furnished to the Issuer Authority and the Trustee evidence of such loss, theft or destruction satisfactory to the Issuer Authority and the Trustee, together in each case with an indemnity satisfactory to them. In the event any such Bond shall have matured, the Trusteematured or been redeemed or be approaching maturity, instead of issuing a duplicate Bond, the Authority may pay the same on or after the due date thereof without surrender thereof, making such requirements as it deems fit for its protection, including a lost instrument bondbond or other satisfactory indemnity. The Issuer Authority and the Trustee may charge the Owner Bondholder of such Bond with their reasonable fees and expenses for such servicein this connection. In authenticating a new Bond, the Trustee may conclusively assume that the Issuer is satisfied with the adequacy Any Bond issued pursuant to this Section shall be deemed part of the evidence presented concerning the mutilation, loss, theft or destruction of any Bond or with any indemnity furnished in connection therewith if, after notification Series of the same, Bonds in respect of which it was issued and an original additional contractual obligation of the Trustee has not received within two days following such notification written notice from the Issuer to the contraryAuthority.
Appears in 1 contract
Samples: Ground Lease Agreement
Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is certificate shall become mutilated, or be lost, stolen, stolen or destroyed, the Issuer shall execute and the Trustee shall authenticate and deliver a new Bond certificate of like series, date and denomination tenor as that the Bond certificate mutilated, lost, stolen or destroyed, provided that, in . In the case of any mutilated BondBond certificate, such mutilated Bond shall first be surrendered to the Issuer or the Trustee, ; and in the case of any lost, stolen, stolen or destroyed BondBond certificate, there first shall be first furnished to the Issuer and the Trustee evidence of such loss, theft or destruction satisfactory to the Issuer and the Trustee, together with an indemnity satisfactory to them. In the event any such Bond shall have matured, the Trustee, instead of issuing a duplicate Bond, substitute Bond certificate the Issuer may pay or authorize the payment of the same without surrender thereofof the certificate. Upon the issuance of any substitute Bond certificate, making such requirements as it deems fit for its protection, including a lost instrument bond. The the Issuer and the Trustee may require the payment of an amount sufficient to reimburse the Issuer and the Trustee for any tax or other governmental charge the Owner of such Bond with their that may be imposed in relation thereto and any other reasonable fees and expenses for such service. In authenticating a new Bond, the Trustee may conclusively assume that the Issuer is satisfied incurred in connection with the adequacy of the evidence presented concerning the mutilation, loss, theft or destruction of any Bond or with any indemnity furnished in connection therewith if, after notification of the same, the Trustee has not received within two days following such notification written notice from the Issuer to the contraryissuance.
Appears in 1 contract
Samples: Trust Indenture
Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is mutilated, lost, stolen, stolen or destroyed, the Issuer shall may execute and the Trustee shall may authenticate a new Bond of like date date, Series, maturity and denomination as that mutilated, lost, stolen or destroyed, ; provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Issuer or the Trustee, and in the case of any lost, stolen, stolen or destroyed BondXxxx, there first shall be first furnished to the Issuer and the Trustee evidence of such loss, theft or destruction satisfactory to the Issuer and the Trustee, together in all cases with an indemnity satisfactory to themthe Trustee and the Issuer. In the event any such Bond shall have matured, the Trustee, instead of issuing a duplicate Bond, the Trustee may pay the same without surrender thereof, making such requirements as it deems fit for its protection, including a lost instrument bondthereof upon compliance with the foregoing. The Issuer and the Trustee may charge the Registered Owner of such Bond with their its reasonable fees and expenses for such servicein connection therewith. In authenticating a new Bond, the Trustee may conclusively assume that the Issuer is satisfied with the adequacy Any Bond issued pursuant to this Section 2.5 shall be deemed part of the evidence presented concerning the mutilation, loss, theft or destruction Series of any Bond or with any indemnity furnished Bonds in connection therewith if, after notification respect of which it was issued and an original additional contractual obligation of the same, the Trustee has not received within two days following such notification written notice from the Issuer to the contraryIssuer.
Appears in 1 contract
Samples: Bond Purchase Agreement
Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is mutilated, lost, stolen, stolen or destroyed, then, in the Issuer shall absence of notice to the Trustee that such Certificate has been acquired by a bona fide purchaser, the Issuer, through the Trustee, may execute and the Trustee shall may authenticate a new Bond of like date date, maturity and denomination as that mutilated, lost, stolen or destroyed, ; provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Issuer or the TrusteeIssuer, and in the case of any lost, stolen, stolen or destroyed Bond, there first shall be first furnished to the Issuer and the Trustee evidence of such loss, theft or destruction satisfactory to the Issuer and the Trustee, together with an indemnity satisfactory to themit. In the event any such Bond shall have matured, the Trustee, instead of issuing a duplicate Bond, Bond the Issuer may pay the same without surrender thereof; provided, making however, that in the case of a lost, stolen or destroyed Bond, there shall be first furnished to the Trustee evidence of such requirements as it deems fit for its protectionloss, including a lost instrument bondtheft or destruction satisfactory to the Trustee; together with indemnity satisfactory to it. The Issuer and the Trustee may charge the Owner holder or owner of such Bond with their reasonable fees and expenses for such servicein this connection. In authenticating a new Bond, the Trustee may conclusively assume that the Issuer is satisfied with the adequacy Any Bond issued pursuant to this Section 2.9 shall be deemed part of the evidence presented concerning the mutilation, loss, theft or destruction original series of any Bond or with any indemnity furnished Bonds in connection therewith if, after notification respect of which it was issued and an original additional contractual obligation of the same, the Trustee has not received within two days following such notification written notice from the Issuer to the contraryIssuer.
Appears in 1 contract
Samples: Financing Agreement
Mutilated, Lost, Stolen or Destroyed Bonds. In the event If any Bond Series 20 Xxxx is mutilated, lost, stolen, stolen or destroyed, the Issuer shall may execute and the Trustee shall may authenticate a new Series 20 Bond of like date date, maturity and denomination as that mutilated, lost, stolen or destroyed, ; provided that, in the case of any mutilated Series 20 Bond, such mutilated Series 20 Bond shall first be surrendered to the Issuer or the TrusteeIssuer, and in the case of any lost, stolen, stolen or destroyed Series 20 Bond, there first shall be first furnished to the Issuer and the Trustee evidence of such loss, theft or destruction satisfactory to the Issuer and the Trustee, together with an indemnity satisfactory to themit. In the event If any such Series 20 Bond shall have matured, the Trustee, instead of issuing a duplicate Bond, Series 20 Bond the Issuer may pay the same without surrender thereof; provided, making however, that in the case of a lost, stolen or destroyed Series 20 Bond, there shall be first furnished to the Trustee evidence of such requirements as it deems fit for its protectionloss, including a lost instrument bondtheft or destruction satisfactory to the Trustee, together with indemnity satisfactory to it. The Issuer and the Trustee may charge the Owner holder or owner of such Series 20 Bond with their reasonable fees and expenses for such servicein this connection. In authenticating a new Bond, the Trustee may conclusively assume that the Issuer is satisfied with the adequacy Any Series 20 Xxxx issued pursuant to this Section 2.9 shall be deemed part of the evidence presented concerning the mutilation, loss, theft or destruction original series of any Bond or with any indemnity furnished Series 20__ Bonds in connection therewith if, after notification respect of which it was issued and an original additional contractual obligation of the same, the Trustee has not received within two days following such notification written notice from the Issuer to the contraryIssuer.
Appears in 1 contract
Samples: Trust Indenture
Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is mutilated, lost, stolen, stolen or destroyed, the Issuer shall execute and the Trustee shall authenticate a new Bond of like date series, date, maturity and denomination as that mutilated, lost, stolen or destroyed, ; provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Issuer or the TrusteeTrustee for cancellation and, and in the case of any lost, stolen, stolen or destroyed Bond, there first shall be first furnished to the Issuer and the Trustee evidence of such loss, theft or destruction satisfactory to the Issuer and the Trusteethem, together with an any indemnity satisfactory to them. In the event any such Bond shall have case of a past-due or a matured, the Trusteelost, instead of issuing a duplicate stolen or destroyed Bond, the face amount of such past-due or matured Bond may pay be paid upon delivery to the same without surrender thereofIssuer and the Trustee of evidence of such loss, making such requirements as it deems fit for its protectiontheft or destruction satisfactory to them, including a lost instrument bondtogether with any indemnity satisfactory to them. The Issuer and the Trustee may charge the Owner of such Bond with their reasonable fees and expenses for in this connection. Any such service. In authenticating a new Bondduplicate Bonds issued pursuant to this Section shall constitute original, additional contractual obligations on the Trustee may conclusively assume that the Issuer is satisfied with the adequacy part of the evidence presented concerning Issuer, whether or not the mutilationlost, lossstolen or destroyed Bonds be at any time found by any one, theft or destruction and such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien and source of any Bond or with any indemnity furnished in connection therewith if, after notification of the same, the Trustee has not received within two days following such notification written notice security for payment from the Issuer to the contraryTrust Estate with all other Bonds issued hereunder.
Appears in 1 contract
Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is mutilated, lost, stolen, stolen or destroyed, the Issuer shall may execute and the Trustee shall may authenticate a new Bond of like date date, maturity and denomination as that mutilated, lost, stolen or destroyed, ; provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Issuer or the TrusteeIssuer, and in the case of any lost, stolen, stolen or destroyed Bond, there first shall be first furnished to the Issuer and the Trustee evidence of such loss, theft or destruction satisfactory to the Issuer and the Trustee, together with an indemnity satisfactory to themit. In the event any such Bond shall have matured, the Trustee, instead of issuing a duplicate Bond, Bond the Issuer may pay the same without surrender thereof; provided, making such requirements as it deems fit for its protectionhowever, including that in the case of a lost instrument bond. The Issuer and lost, stolen or destroyed Xxxx, there shall be first furnished to the Trustee may charge the Owner evidence of such Bond with their reasonable fees and expenses for such service. In authenticating a new Bond, the Trustee may conclusively assume that the Issuer is satisfied with the adequacy of the evidence presented concerning the mutilation, loss, theft or destruction satisfactory to the Trustee, together with indemnity satisfactory to it. The Trustee may charge the holder or owner of any such Bond or with any indemnity furnished its reasonable fees and expenses in connection therewith if, after notification this connection. Any Bond issued pursuant to this Section 2.7 shall be deemed part of the same, original series of Bonds in respect of which it was issued and an original additional contractual obligation of the Trustee has not received within two days following such notification written notice from the Issuer to the contraryIssuer.
Appears in 1 contract
Samples: Trust Indenture
Mutilated, Lost, Stolen or Destroyed Bonds. In the event If any Series 2024A Bond is mutilated, lost, stolen, stolen or destroyed, the Issuer shall may execute and the Trustee shall authenticate may authenticate, upon the written direction of the Issuer, a new Series 2024A Bond of like date date, maturity and denomination as that mutilated, lost, stolen or destroyed, ; provided that, in the case of any mutilated Series 2024 Bond, such mutilated Series 2024A Bond shall first be surrendered to the Issuer or the Trustee, and in the case of any lost, stolen, stolen or destroyed Series 2024A Bond, there first shall be first furnished to the Issuer and the Trustee evidence of such loss, theft or destruction satisfactory to the Issuer and the Trustee, together with an indemnity satisfactory to themit. In the event If any such Series 2024A Bond shall have matured, the Trustee, instead of issuing a duplicate Bond, Series 2024A Bond the Issuer may pay the same without surrender thereof; provided, making such requirements as it deems fit for its protectionhowever, including that in the case of a lost instrument bond. The Issuer and lost, stolen or destroyed Series 2024 Bond, there shall be first furnished to the Trustee may charge the Owner evidence of such Bond with their reasonable fees and expenses for such service. In authenticating a new Bond, the Trustee may conclusively assume that the Issuer is satisfied with the adequacy of the evidence presented concerning the mutilation, loss, theft or destruction satisfactory to the Trustee, together with indemnity satisfactory to it. The Trustee may charge the holder or owner of any such Series 2024A Bond or with any indemnity furnished their fees and expenses in connection therewith if, after notification this connection. Any Series 2024A Bond issued pursuant to this Section 2.9 shall be deemed part of the same, original series of Series 2024A Bonds in respect of which it was issued and an original additional contractual obligation of the Trustee has not received within two days following such notification written notice from the Issuer to the contraryIssuer.
Appears in 1 contract
Samples: Financing and Covenant Agreement
Mutilated, Lost, Stolen or Destroyed Bonds. In the event If any Bond is mutilated, lost, stolen, stolen or destroyed, the Issuer shall execute and the Trustee Bond Registrar shall authenticate and deliver a new Bond of like date and denomination tenor as that the Bond mutilated, lost, stolen or destroyed, ; provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Issuer or the TrusteeBond Registrar, and in the case of any lost, stolen, stolen or destroyed Bond, there first shall be first furnished to the Issuer Issuer, the Bond Registrar and the Trustee Letter of Credit Provider evidence of such loss, theft or destruction satisfactory to the Issuer Issuer, the Bond Registrar and the TrusteeLetter of Credit Provider, together with an indemnity satisfactory to themthem to save each of them harmless. In the event If any such Bond shall have matured, the Trusteehas matured or been called for redemption, instead of issuing a duplicate Bond, new Bond the Issuer may pay or authorize the payment of the same without surrender thereof. Upon the issuance of any new Bond, making such requirements as it deems fit for its protection, including a lost instrument bond. The the Issuer and the Trustee Bond Registrar may require the payment of an amount sufficient to reimburse the Issuer and the Bond Registrar for any tax or other governmental charge the Owner of such Bond with their that may be imposed in relation thereto and any other reasonable fees and expenses for such service. In authenticating a new Bond, the Trustee may conclusively assume that the Issuer is satisfied with the adequacy of the evidence presented concerning the mutilation, loss, theft or destruction of any Bond or with any indemnity furnished incurred in connection therewith if, after notification therewith. The provisions of the same, the Trustee has not received within two days following such notification written notice from the Issuer this Section are exclusive and shall preclude (to the contraryextent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lost, stolen or destroyed Bonds.
Appears in 1 contract
Samples: Trust Indenture (Labone Inc)
Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is mutilated, lost, stolen, stolen or destroyed, the Issuer shall may execute and the Trustee shall may authenticate a new Bond of like date date, maturity, interest rate and denomination as that of the Bond mutilated, lost, stolen or destroyed, ; provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Issuer or the Trustee, and in the case of any lost, stolen, stolen or destroyed Bond, Bond there first shall be first furnished to the Issuer and the Trustee evidence of such loss, theft or destruction satisfactory to the Issuer and the Trustee, together with an indemnity satisfactory to them. The Trustee may, with the consent of the Holder, provide to the Holder a typewritten (or similarly reproduced) Bond certificate in lieu of a printed Bond certificate. In the event any such Bond shall have matured, the Trustee, instead of issuing a duplicate Bond, Bond the Trustee may pay the same without surrender thereof, making such requirements as it deems fit for its protection, including a lost instrument bond. The Issuer and the Trustee may charge the Owner Holder of such Bond with their expenses and reasonable fees and expenses for such service. In authenticating a new Bondfees, the Trustee may conclusively assume that the Issuer is satisfied if any, in connection with the adequacy preparation, execution and authentication of the evidence presented concerning the mutilation, loss, theft or destruction of any Bond or with any indemnity furnished in connection therewith if, after notification of the same, the Trustee has not received within two days following such notification written notice from the Issuer to the contrarya replacement Bond.
Appears in 1 contract
Samples: services.austintexas.gov
Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is mutilated, lost, stolen, stolen or destroyed, the Issuer shall execute and the Trustee shall authenticate a new Bond of like date date, maturity and denomination as that mutilated, lost, stolen or destroyed, ; provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Issuer or the TrusteeTrustee for cancellation and, and in the case of any lost, stolen, stolen or destroyed Bond, there first shall be first furnished to the Issuer and the Trustee evidence of such loss, theft or destruction satisfactory to the Issuer and the Trusteethem, together with an any indemnity satisfactory to them. In the event any such Bond shall have case of a past-due or a matured, the Trusteelost, instead of issuing a duplicate stolen or destroyed Bond, the face amount of such past-due or matured Bond may pay be paid upon delivery to the same without surrender thereofIssuer and the Trustee of evidence of such loss, making such requirements as it deems fit for its protectiontheft or destruction satisfactory to them, including a lost instrument bondtogether with any indemnity satisfactory to them. The Issuer and the Trustee may charge the Owner of such Bond with their reasonable fees and expenses for in this connection. Any such service. In authenticating a new Bondduplicate Bonds issued pursuant to this Section shall constitute original, additional contractual obligations on the Trustee may conclusively assume that the Issuer is satisfied with the adequacy part of the evidence presented concerning State, whether or not the mutilationlost, lossstolen or destroyed Bonds be at any time found by any one, theft or destruction and such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien and source of any Bond or with any indemnity furnished in connection therewith if, after notification of the same, the Trustee has not received within two days following such notification written notice security for payment from the Issuer to the contraryrevenues pledged herein with all other Bonds issued hereunder.
Appears in 1 contract