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

Mutilated, Lost, Stolen or Destroyed Bonds. (a) If any Outstanding Bond is mutilated, lost, stolen or destroyed, HRTAC shall execute, and, upon HRTAC’s request in writing, the Trustee shall authenticate and deliver, a new Bond of the same Series, principal amount, interest rate and maturity and of like tenor as the mutilated, lost, stolen or destroyed Xxxx in exchanged and substitution for a mutilated Bond, or in lieu of and substitution for a lost, stolen or destroyed Xxxx. (b) Application for exchange and substitution of mutilated, lost, stolen or destroyed Bonds shall be made to the Trustee at its designated corporate trust office and the applicant shall furnish to HRTAC and the Trustee security or indemnification to their satisfaction. In every case of loss, theft or destruction of a Bond, the applicant shall also furnish to HRTAC and the Trustee evidence to their satisfaction of the loss, theft or destruction and of the identity of the applicant. In every case of mutilation of a Bond, the applicant shall surrender the Bond so mutilated for cancellation. (c) Notwithstanding the foregoing provisions of this Section, if any Bond has matured and no default has occurred which is then continuing in the payment of the principal of or premium, if any, or interest on the Bond, HRTAC may authorize the payment of the Bond (without surrender except in the case of a mutilated Bond) instead of issuing a substitute Bond, provided security or indemnification is furnished as provided in this Section. (d) HRTAC and the Trustee may charge the Owner their reasonable fees and expenses in connection with the issuance of any substitute Bond. Every substitute Xxxx issued pursuant to the provisions of this Section shall constitute a contractual obligation of HRTAC, whether or not the lost, stolen or destroyed Xxxx is found or delivered at any time, or is enforceable by anyone, and shall be entitled to all of the benefits of this Master Indenture and the Supplemental Indentures equally and proportionally with any and all other Bonds duly issued under this Master Indenture to the same extent as the Bond in substitution for which such Bond was issued. (e) The provisions of this Section are exclusive and shall preclude (to the extent lawful) all of the rights and remedies with respect to the payment of mutilated, lost, stolen, or destroyed Bonds, including those granted by any law or statute now existing or hereafter enacted.

Appears in 3 contracts

Samples: Master Indenture of Trust, Master Indenture of Trust, Master Indenture of Trust

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Mutilated, Lost, Stolen or Destroyed Bonds. (a) If In the event any Outstanding Bond is mutilated, lost, stolen or destroyed, HRTAC shall execute, the Issuer may execute and, upon HRTAC’s the request in writingof an Authorized Representative of the Issuer, the Trustee shall authenticate and deliver, deliver a new Bond of the same Series, like principal amount, maturity, interest rate and maturity and of like tenor series as the mutilated, lostdestroyed, lost or stolen Bond in exchange for a mutilated Bond or destroyed Xxxx in exchanged and substitution for a mutilated BondBond so destroyed, lost or in lieu stolen, as the case may be. In every such case of and substitution for a lostexchange or substitution, stolen or destroyed Xxxx. (b) Application for exchange and substitution of mutilated, lost, stolen or destroyed Bonds shall be made to the Trustee at its designated corporate trust office and the applicant shall furnish to HRTAC the Issuer, the Trustee and the Trustee Company (i) such security or indemnification indemnity as may be reasonably required by any of them to their satisfaction. In every case save each of lossthem harmless from all risks, theft or destruction of a Bondhowever remote, the applicant shall also furnish to HRTAC and the Trustee (ii) evidence to their reasonable satisfaction of the lossmutilation, destruction, loss or theft or destruction of the applicant's Bond and of the identity ownership thereof. Upon the issuance of the applicant. In every case of mutilation of a Bondany Bond upon such exchange or substitution, the applicant shall surrender Issuer, the Bond so mutilated for cancellation. (c) Notwithstanding the foregoing provisions of this Section, if any Bond has matured and no default has occurred which is then continuing in Company or 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 counsel fees, of the principal Issuer, the Company or the Trustee incurred in connection therewith. In case any Bond which has matured or is about to mature shall become mutilated or be destroyed, lost or stolen, the Issuer may, instead of issuing a Bond in exchange or premiumsubstitution therefor, if any, pay or interest on the Bond, HRTAC may authorize the payment of the Bond same (without surrender thereof except in the case of a mutilated Bond) instead of issuing a substitute Bondif the applicant for such payment shall furnish to the Issuer, provided to the Company and to the Trustee such security or indemnification is furnished indemnity as provided in this Sectioneither of them may reasonably require to save them harmless, together with evidence to the reasonable satisfaction of the Issuer, to the Company and the Trustee of the mutilation, destruction, loss or theft of such Bond and of the ownership thereof. (db) HRTAC All Bonds shall be held and owned upon the Trustee may charge the Owner their reasonable fees and expenses in connection with the issuance of any substitute Bond. Every substitute Xxxx issued pursuant to express condition that the provisions of this Section shall constitute a contractual obligation of HRTAC, whether or not the lost, stolen or destroyed Xxxx is found or delivered at any time, or is enforceable by anyone, and shall be entitled to all of the benefits of this Master Indenture and the Supplemental Indentures equally and proportionally with any and all other Bonds duly issued under this Master Indenture to the same extent as the Bond in substitution for which such Bond was issued. (e) The provisions of this Section 2.09 are exclusive and shall preclude (to the extent lawful) all of the rights and remedies with respect to the replacement or payment of mutilated, lostdestroyed, stolenlost or stolen Bonds and shall preclude all other rights or remedies, or destroyed Bonds, including those granted by notwithstanding any law or statute now existing or hereafter enactedhereinafter enacted to the contrary.

Appears in 3 contracts

Samples: Indenture of Trust (Weirton Steel Corp), Indenture of Trust (Weirton Steel Corp), Indenture of Trust (Weirton Steel Corp)

Mutilated, Lost, Stolen or Destroyed Bonds. (a) If any Outstanding Bond is mutilated, lost, stolen or destroyed, HRTAC NVTC shall execute, and, upon HRTAC’s NVTC's request in writing, the Trustee shall authenticate and deliver, a new Bond of the same Series, principal amount, interest rate amount and maturity and of like tenor as the mutilated, lost, stolen or destroyed Xxxx in exchanged and substitution for a mutilated Bond, or in lieu of and substitution for a lost, stolen or destroyed XxxxBond. (b) Application Persons shall apply for exchange and substitution of mutilated, lost, stolen or destroyed Bonds shall be made to the Trustee at its designated corporate trust office and the applicant shall furnish to HRTAC NVTC and the Trustee security or indemnification to their satisfaction. In every case of loss, theft or destruction of a Bond, the applicant shall also furnish to HRTAC NVTC and the Trustee evidence to their satisfaction of the loss, theft or destruction and of the identity of the applicant. In every case of mutilation of a Bond, the applicant shall surrender the Bond so mutilated for cancellation. (c) Notwithstanding the foregoing provisions of this Section, if any Bond has matured and no default has occurred which is then continuing in the payment of the principal of or premium, if any, or interest on the Bond, HRTAC NVTC may authorize the payment of the Bond (without surrender except in the case of a mutilated Bond) instead of issuing a substitute Bond, provided security or indemnification is furnished as provided in this Section. (d) HRTAC NVTC and the Trustee may charge the Owner their reasonable fees and expenses in connection with the issuance of any substitute Bond. Every substitute Xxxx issued pursuant to the provisions of this Section shall constitute a contractual obligation of HRTACNVTC, whether or not the lost, stolen or destroyed Xxxx is found or delivered at any time, or is enforceable by anyone, and shall be entitled to all of the benefits of this Master Indenture and the Supplemental Indentures equally and proportionally with any and all other Bonds duly issued under this Master Indenture to the same extent as the Bond in substitution for which such Bond was issued. (e) The provisions of this Section are exclusive and shall preclude (to the extent lawful) all of the rights and remedies with respect to the payment of mutilated, lost, stolen, or destroyed Bonds, including those granted by any law or statute now existing or hereafter enacted.

Appears in 2 contracts

Samples: Master Indenture of Trust, Master Indenture of Trust

Mutilated, Lost, Stolen or Destroyed Bonds. (a) If In the event any Outstanding Bond is mutilated, lost, stolen or destroyed, HRTAC shall the Authority will execute, and, upon HRTACthe Authority’s request in writing, the Trustee shall Paying Agent will authenticate and deliver, a new replacement Bond of the same Series, Series and in the same principal amount, interest rate amount and maturity and of like tenor as the mutilated, lost, stolen or destroyed Xxxx Bond in exchanged exchange and substitution for a mutilated Bond, or in lieu of and substitution for a lost, stolen or destroyed Xxxx. (b) Bond. Application for exchange and substitution of mutilated, lost, stolen or destroyed Bonds shall will be made to the Trustee Paying Agent at its designated corporate trust office and the applicant shall will furnish to HRTAC and the Trustee Authority, the Paying Agent security or indemnification to their satisfaction. In every case of loss, theft or destruction of a Bond, the applicant shall will also furnish to HRTAC the Authority and the Trustee Paying Agent evidence to their satisfaction of the loss, theft or destruction and of the identity of the applicant. In , and in every case of mutilation of a Bond, the applicant shall will surrender the Bond so mutilated for cancellation. (c) . Notwithstanding the foregoing provisions of this Section, if in the event any Bond has matured and no default has occurred which is then continuing in the payment of the principal of or premium, if any, or interest on the Bond, HRTAC the Authority may authorize the payment of the Bond (without surrender except in the case of a mutilated Bond) instead of issuing a substitute Bond, provided the evidence described above and the security or indemnification is furnished as provided in this Section. (d) HRTAC . The Authority and the Trustee Paying Agent may charge the Owner their reasonable fees and expenses (including reasonable attorneys’ fees, costs and expenses) in connection with the issuance of any substitute Bond. Every substitute Xxxx Bond issued pursuant to the provisions of this Section shall will constitute a contractual limited obligation of HRTACthe Authority, whether or not the lost, stolen or destroyed Xxxx Bond is found or delivered at any time, or is enforceable by anyone, and shall will be entitled to all of the benefits of this Master Indenture and the Supplemental Indentures equally and proportionally with any and all other Bonds duly issued under this Master Indenture to the same extent as the Bond in substitution for which such Bond was issued. (e) . The provisions of this Section are exclusive and shall will preclude (to the extent lawful) all of the rights and remedies with respect to the payment of mutilated, lost, stolen, or destroyed Bonds, including those granted by any law or statute now existing or hereafter enacted.

Appears in 2 contracts

Samples: Trust Indenture, Trust Indenture

Mutilated, Lost, Stolen or Destroyed Bonds. (a) If In the event any Outstanding Bond is mutilatedmutilated or defaced but identifiable by number and description, the City shall execute and the Trustee shall authenticate and deliver a new Bond of like date, maturity and denomination as such Bond, upon surrender thereof to the Trustee; provided that there shall first be furnished to the City and the Trustee proof satisfactory to the Trustee that the Bond is mutilated or defaced. The Bondholder shall accompany the above with a deposit of money required by the City for the cost of preparing the substitute Bond and all other expenses connected with the issuance of such substitute. The City shall then cause proper record to be made of the cancellation of the original, and thereafter the substitute shall have the validity of the original. (b) In the event any Bond is lost, stolen or destroyed, HRTAC shall execute, and, upon HRTAC’s request in writing, the City may execute and the Trustee shall may authenticate and deliver, deliver a new Bond of the same Serieslike date, principal amount, interest rate and maturity and of like tenor denomination as the mutilated, that Xxxx lost, stolen or destroyed Xxxx in exchanged and substitution for a mutilated Bond, or in lieu of and substitution for a lost, stolen or destroyed Xxxx. (b) Application for exchange and substitution of mutilated, lost, stolen or destroyed Bonds destroyed; provided that there shall first be made furnished to the Trustee at its designated corporate trust office and the applicant shall furnish to HRTAC and the Trustee security or indemnification to their satisfaction. In every case evidence of such loss, theft or destruction of a Bondsatisfactory to the Trustee, the applicant shall also furnish together with indemnity satisfactory to HRTAC and the Trustee evidence to their satisfaction of the loss, theft or destruction and of the identity of the applicant. In every case of mutilation of a Bond, the applicant shall surrender the Bond so mutilated for cancellationit. (c) Notwithstanding The City and the foregoing provisions Trustee shall charge the Holder of this Section, if any such Bond has matured and no default has occurred which is then continuing in the payment of the principal of or premiumall transfer taxes, if any, or interest on the Bond, HRTAC may authorize the payment of the Bond (without surrender except in the case of a mutilated Bond) instead of issuing a substitute Bond, provided security or indemnification is furnished as provided in this Section. (d) HRTAC and the Trustee may charge the Owner their reasonable fees and expenses in connection with the issuance of any this connection. All substitute Bond. Every substitute Xxxx Bonds issued and authenticated pursuant to the provisions of this Section shall constitute be issued as a contractual obligation substitute and numbered, if numbering is provided for by the Trustee, as determined by the Trustee. In the event any such Bond has matured or has been called for redemption, instead of HRTACissuing a substitute Xxxx, whether or not the lost, stolen or destroyed Xxxx is found or delivered at any time, or is enforceable by anyone, and shall be entitled to all Trustee may pay the same without surrender thereof upon receipt of the benefits of this Master Indenture and the Supplemental Indentures equally and proportionally with any and all other Bonds duly issued under this Master Indenture indemnity satisfactory to the same extent as the Bond in substitution for which such Bond was issuedTrustee. (e) The provisions of this Section are exclusive and shall preclude (to the extent lawful) all of the rights and remedies with respect to the payment of mutilated, lost, stolen, or destroyed Bonds, including those granted by any law or statute now existing or hereafter enacted.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

Mutilated, Lost, Stolen or Destroyed Bonds. (a) If In the event any Outstanding Bond is mutilated, lost, stolen or destroyed, HRTAC shall the Authority will execute, and, upon HRTACthe Authority’s request in writing, the Trustee shall Paying Agent will authenticate and deliver, a new replacement Bond of the same Series, Series and in the same principal amount, interest rate amount and maturity and of like tenor as the mutilated, lost, stolen or destroyed Xxxx in exchanged exchange and substitution for a mutilated Bond, or in lieu of and substitution for a lost, stolen or destroyed Xxxx. (b) . Application for exchange and substitution of mutilated, lost, stolen or destroyed Bonds shall Xxxxx will be made to the Trustee Paying Agent at its designated corporate trust office and the applicant shall will furnish to HRTAC and the Trustee Authority, the Paying Agent security or indemnification to their satisfaction. In every case of loss, theft or destruction of a Bond, the applicant shall will also furnish to HRTAC the Authority and the Trustee Paying Agent evidence to their satisfaction of the loss, theft or destruction and of the identity of the applicant. In , and in every case of mutilation of a Bond, the applicant shall will surrender the Bond so mutilated for cancellation. (c) . Notwithstanding the foregoing provisions of this Section, if in the event any Bond has matured and no default has occurred which is then continuing in the payment of the principal of or premium, if any, or interest on the Bond, HRTAC the Authority may authorize the payment of the Bond (without surrender except in the case of a mutilated Bond) instead of issuing a substitute BondXxxx, provided the evidence described above and the security or indemnification is furnished as provided in this Section. (d) HRTAC . The Authority and the Trustee Paying Agent may charge the Owner their reasonable fees and expenses (including reasonable attorneys’ fees, costs and expenses) in connection with the issuance of any substitute Bond. Every substitute Xxxx issued pursuant to the provisions of this Section shall will constitute a contractual limited obligation of HRTACthe Authority, whether or not the lost, stolen or destroyed Xxxx is found or delivered at any time, or is enforceable by anyone, and shall will be entitled to all of the benefits of this Master Indenture and the Supplemental Indentures equally and proportionally with any and all other Bonds duly issued under this Master Indenture to the same extent as the Bond in substitution for which such Bond Xxxx was issued. (e) . The provisions of this Section are exclusive and shall will preclude (to the extent lawful) all of the rights and remedies with respect to the payment of mutilated, lost, stolen, or destroyed Bonds, including those granted by any law or statute now existing or hereafter enacted.

Appears in 1 contract

Samples: Trust Indenture

Mutilated, Lost, Stolen or Destroyed Bonds. (a) If In the event any Outstanding Bond is mutilatedmutilated or defaced but identifiable by number and description, the City shall execute and the Trustee shall authenticate and deliver a new Bond of like date, maturity and denomination as such Bond, upon surrender thereof to the Trustee; provided that there shall first be furnished to the City and the Trustee proof satisfactory to the Trustee that the Bond is mutilated or defaced. The Bondholder shall accompany the above with a deposit of money required by the City for the cost of preparing the substitute Bond and all other expenses connected with the issuance of such substitute. The City shall then cause proper record to be made of the cancellation of the original, and thereafter the substitute shall have the validity of the original. (b) In the event any Bond is lost, stolen or destroyed, HRTAC shall execute, and, upon HRTAC’s request in writing, the City may execute and the Trustee shall may authenticate and deliver, deliver a new Bond of the same Serieslike date, principal amount, interest rate and maturity and of like tenor denomination as the mutilated, that Bond lost, stolen or destroyed Xxxx in exchanged and substitution for a mutilated Bond, or in lieu of and substitution for a lost, stolen or destroyed Xxxx. (b) Application for exchange and substitution of mutilated, lost, stolen or destroyed Bonds destroyed; provided that there shall first be made furnished to the Trustee at its designated corporate trust office and the applicant shall furnish to HRTAC and the Trustee security or indemnification to their satisfaction. In every case evidence of such loss, theft or destruction of a Bondsatisfactory to the Trustee, the applicant shall also furnish together with indemnity satisfactory to HRTAC and the Trustee evidence to their satisfaction of the loss, theft or destruction and of the identity of the applicant. In every case of mutilation of a Bond, the applicant shall surrender the Bond so mutilated for cancellationit. (c) Notwithstanding The City and the foregoing provisions Trustee shall charge the Holder of this Section, if any such Bond has matured and no default has occurred which is then continuing in the payment of the principal of or premiumall transfer taxes, if any, and their reasonable fees and expenses in this connection. All substitute Bonds issued and authenticated pursuant to this Section shall be issued as a substitute and numbered, if numbering is provided for by the Trustee, as determined by the Trustee. In the event any such Bond has matured or interest on the Bondhas been called for redemption, HRTAC may authorize the payment of the Bond (without surrender except in the case of a mutilated Bond) instead of issuing a substitute Bond, provided security or indemnification is furnished as provided in this Section. (d) HRTAC and the Trustee may charge pay the Owner their reasonable fees and expenses in connection with the issuance same without surrender thereof upon receipt of any substitute Bond. Every substitute Xxxx issued pursuant indemnity satisfactory to the provisions of this Section shall constitute a contractual obligation of HRTAC, whether or not the lost, stolen or destroyed Xxxx is found or delivered at any time, or is enforceable by anyone, and shall be entitled to all of the benefits of this Master Indenture and the Supplemental Indentures equally and proportionally with any and all other Bonds duly issued under this Master Indenture to the same extent as the Bond in substitution for which such Bond was issuedTrustee. (e) The provisions of this Section are exclusive and shall preclude (to the extent lawful) all of the rights and remedies with respect to the payment of mutilated, lost, stolen, or destroyed Bonds, including those granted by any law or statute now existing or hereafter enacted.

Appears in 1 contract

Samples: Trust Agreement

Mutilated, Lost, Stolen or Destroyed Bonds. (a) If In the event any Outstanding Bond is mutilated, lost, stolen or destroyed, HRTAC shall the Authority may execute, upon request of the registered Owner thereof and, upon HRTAC’s request in writingits written request, the Trustee shall authenticate and deliverauthenticate, a new duplicate Bond of the same Serieslike series, principal amountdate, interest rate and maturity and of like tenor denomination as the that mutilated, lost, stolen or destroyed Xxxx Bond; provided that, in exchanged and substitution for a the case of any mutilated Bond, or such mutilated Bond shall first be surrendered to the Authority, which Bond shall be canceled by the Trustee, and in lieu the case of and substitution for a any lost, stolen or destroyed Xxxx. (b) Application for exchange and substitution of mutilatedBond, lost, stolen or destroyed Bonds there shall be made first furnished to the Trustee at its designated corporate trust office and the applicant shall furnish to HRTAC Authority and the Trustee security or indemnification to their satisfaction. In every case evidence of such loss, theft or destruction of a Bond, satisfactory to the applicant shall also furnish to HRTAC Authority and the Trustee evidence together with indemnity satisfactory to their satisfaction of the lossthem, theft or destruction and of the identity of the applicant. In every case of mutilation of a Bondas may be required by applicable law; provided further that, with respect to any such Bond which shall have matured, the applicant shall surrender Trustee may pay the Bond so mutilated for cancellation. (c) Notwithstanding the foregoing provisions of this Section, if any Bond has matured and no default has occurred which is then continuing in the payment of the principal of or premium, if any, or interest on the Bond, HRTAC may authorize the payment of the Bond (same without surrender except in thereof if there shall have been furnished to the case of a mutilated Bond) instead of issuing a substitute BondAuthority, provided security or indemnification is furnished the Trustee and the Borrower indemnity satisfactory to them and as provided in this Section. (d) HRTAC may be required under applicable law. The Authority and the Trustee may charge the Owner Holder of such Bond with their reasonable fees and expenses in connection with relating to the issuance replacement of any substitute Bond. Bond pursuant to this Section. (b) Every substitute Xxxx Bond issued pursuant to the provisions of this Section 208 shall constitute a an additional contractual obligation of HRTAC, the Authority (whether or not the lost, stolen or destroyed Xxxx is Bond shall be found or delivered at any time, or is enforceable by anyone, time to be enforceable) and shall be entitled to all of the benefits of this Master Indenture and the Supplemental Indentures equally and proportionally proportionately with any and all other Bonds duly issued under this Master Indenture to the same extent as the Bond in substitution for which such Bond was issuedIndenture. (ec) The All Bonds shall be held and owned upon the express condition that the provisions of this Section 208 are exclusive and shall preclude (to the extent lawful) all of the rights and remedies exclusive, with respect to the replacement or payment of mutilated, lostdestroyed, stolen, lost or destroyed stolen Bonds, including those granted by and shall preclude all other rights or remedies, notwithstanding any law or statute now existing or hereafter enactedhereinafter enacted to the contrary.

Appears in 1 contract

Samples: Indenture of Trust (Burlington Coat Factory Warehouse Corp)

Mutilated, Lost, Stolen or Destroyed Bonds. (a) If any Outstanding Bond is mutilated, lost, stolen or destroyed, HRTAC NVTC shall execute, and, upon HRTAC’s NVTC's request in writing, the Trustee shall authenticate and deliver, a new Bond of the same Series, principal amount, interest rate amount and maturity and of like tenor as the mutilated, lost, stolen or destroyed Xxxx Bond in exchanged and substitution for a mutilated Bond, or in lieu of and substitution for a lost, stolen or destroyed XxxxBond. (b) Application Persons shall apply for exchange and substitution of mutilated, lost, stolen or destroyed Bonds shall be made to the Trustee at its designated corporate trust office and the applicant shall furnish to HRTAC NVTC and the Trustee security or indemnification to their satisfaction. In every case of loss, theft or destruction of a Bond, the applicant shall also furnish to HRTAC NVTC and the Trustee evidence to their satisfaction of the loss, theft or destruction and of the identity of the applicant. In every case of mutilation of a Bond, the applicant shall surrender the Bond so mutilated for cancellation. (c) Notwithstanding the foregoing provisions of this Section, if any Bond has matured and no default has occurred which is then continuing in the payment of the principal of or premium, if any, or interest on the Bond, HRTAC NVTC may authorize the payment of the Bond (without surrender except in the case of a mutilated Bond) instead of issuing a substitute Bond, provided security or indemnification is furnished as provided in this Section. (d) HRTAC NVTC and the Trustee may charge the Owner their reasonable fees and expenses in connection with the issuance of any substitute Bond. Every substitute Xxxx Bond issued pursuant to the provisions of this Section shall constitute a contractual obligation of HRTACNVTC, whether or not the lost, stolen or destroyed Xxxx Bond is found or delivered at any time, or is enforceable by anyone, and shall be entitled to all of the benefits of this Master Indenture and the Supplemental Indentures equally and proportionally with any and all other Bonds duly issued under this Master Indenture to the same extent as the Bond in substitution for which such Bond was issued. (e) The provisions of this Section are exclusive and shall preclude (to the extent lawful) all of the rights and remedies with respect to the payment of mutilated, lost, stolen, or destroyed Bonds, including those granted by any law or statute now existing or hereafter enacted.

Appears in 1 contract

Samples: Master Indenture of Trust

Mutilated, Lost, Stolen or Destroyed Bonds. (a) If In the event any Outstanding Bond is mutilated, shall be lost, stolen or stolen, destroyed, HRTAC shall executewholly or in part, and, upon HRTAC’s request in writingor so defaced as to impair its value to the Holder, the Trustee shall shall, upon compliance with the terms provided by law, authenticate and deliver, deliver a new Bond of the same Serieslike subseries or series, principal amount, interest rate date and maturity and tenor in exchange or replacement therefor against delivery for cancellation of like tenor as the mutilated, lost, stolen or destroyed Xxxx in exchanged and substitution for a such mutilated Bond, or in lieu of and in replacement of a destroyed, stolen or lost Bond, and upon payment by the Holder of the reasonable expenses of the Registrar and Paying Agent and the Authority and the reasonable charges of the Trustee and Registrar and Paying Agent in connection therewith and, in the event that the Bond is destroyed, stolen or lost, the Holder’s filing with the Registrar and Paying Agent of evidence satisfactory to it that the Bond was destroyed, stolen or lost, of the Holder’s ownership thereof, and furnishing the Registrar and Paying Agent such security and indemnity as is satisfactory to it which shall name the Authority as an additional indemnified party. Any replacement Bond issued under the provisions of this Section in exchange or substitution for a the defaced, mutilated or partly destroyed Bond or in substitution for the allegedly lost, stolen or wholly destroyed Xxxx. (b) Application for exchange and substitution of mutilated, lost, stolen or destroyed Bonds Bond shall be made entitled to the Trustee at its designated corporate trust office and identical benefits under this Indenture as was the applicant original Bond in lieu of which such replacement Bond is issued. Each such replacement Bond shall furnish to HRTAC and be prepared in substantially the Trustee security or indemnification to their satisfactionsame manner as the original. In every case of loss, theft or destruction of a Bond, the applicant shall also furnish to HRTAC and the Trustee evidence to their satisfaction of the loss, theft or destruction and of the identity of the applicant. In every case of mutilation of a Bond, the applicant shall surrender the Bond so mutilated for cancellation. (c) Notwithstanding the foregoing provisions of this Section, if any the lost, stolen, destroyed, defaced or mutilated Bond has matured or been called for redemption and no default the date fixed for redemption thereof has occurred which is then continuing in arrived, at the option of the Authority, payment of the principal amount due thereon may be made without the issuance of any replacement Bond upon receipt of like evidence, indemnity, security and payment of expenses and the surrender for cancellation of the defaced or premiummutilated or partly destroyed Bond and upon such other conditions as the Trustee may prescribe. Except as provided in this sentence and as permitted in the following paragraph, any replacement Bond shall be in the form of the Bond being replaced, and be dated the date of its issuance and bear such number as shall be assigned thereto by the Registrar and Paying Agent, with such subseries designation, if any, or interest on as may be deemed appropriate by the Bond, HRTAC may authorize the payment of the Bond (without surrender except Registrar and Paying Agent. The Registrar and Paying Agent shall make an appropriate notation in the case books of registry that a mutilated Bond) instead of issuing a substitute Bond, provided security replacement Bond has been issued in exchange or indemnification is furnished as provided in this Section. (d) HRTAC and the Trustee may charge the Owner their reasonable fees and expenses in connection with the issuance of any substitute Bond. Every substitute Xxxx issued pursuant to the provisions of this Section shall constitute a contractual obligation of HRTAC, whether or not the lost, stolen or destroyed Xxxx is found or delivered at any time, or is enforceable by anyone, and shall be entitled to all of the benefits of this Master Indenture and the Supplemental Indentures equally and proportionally with any and all other Bonds duly issued under this Master Indenture to the same extent as the Bond in substitution for which such Bond was issued. (e) The provisions of this Section are exclusive and shall preclude (to the extent lawful) all of the rights and remedies with respect to the payment of defaced, mutilated, lost, stolen, or wholly or partly destroyed BondsBond. There may be imprinted or affixed on the face and the panel portion of any duplicate Bond a xxxx to identify such Bond as a replacement Bond. Prior to arranging for the preparation or printing of a replacement Bond, including those granted the Trustee and the Registrar and Paying Agent may require a deposit by any law the Holder to secure the Trustee, the Registrar and Paying Agent and the Authority for costs and expenses incurred by them in the preparation, printing, execution and issuance of such replacement Bond. Any amount of such deposit received by the Registrar and Paying Agent in excess of the amount required to reimburse the Registrar and Paying Agent, the Trustee or statute now existing the Authority for costs and expenses shall be returned to the party which made the deposit. Any defaced, mutilated or hereafter enactedpartly destroyed Bond surrendered to the Registrar and Paying Agent in substitution for a new Bond pursuant to this Section shall be cancelled by the Trustee.

Appears in 1 contract

Samples: Trust Indenture (Consolidated Edison Co of New York Inc)

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Mutilated, Lost, Stolen or Destroyed Bonds. (a) If any Outstanding Bond is mutilated, lost, stolen or destroyed, HRTAC shall execute, andthe Trustee, upon HRTAC’s request in writingwritten request, the Trustee shall authenticate and deliver, a new Bond Bond, dated as provided in Article II hereof, of the same denomination and Series, principal amount, and bearing interest at the same rate and maturity and of like tenor as the Bond mutilated, lost, stolen or destroyed Xxxx destroyed; provided, however, that, in exchanged and substitution for a the case of any mutilated Bond, or such mutilated Bond shall first be surrendered to the Trustee, and, in lieu the case of and substitution for a any lost, stolen or destroyed Xxxx. (b) Application for exchange Bond, there shall first be furnished to the Trustee evidence of such loss, theft or destruction satisfactory to the Trustee, together with indemnity covering the Trustee, the related Series Credit Bank, if any, and substitution of mutilatedthe Corporation satisfactory to the Trustee, and thereafter such purported lost, stolen or destroyed Bonds Bond shall not be made deemed to be Outstanding hereunder other than for purposes of payment from the Trustee at its designated corporate trust office and the applicant shall furnish to HRTAC and the Trustee security or indemnification to their satisfaction. In every case of loss, theft or destruction of a Bond, the applicant shall also furnish to HRTAC and the Trustee evidence to their satisfaction proceeds of the lossindemnity so provided. If any such Bond shall have matured, theft or destruction and of the identity of the applicant. In every case of mutilation of a Bond, the applicant shall surrender the Bond so mutilated for cancellation. (c) Notwithstanding the foregoing provisions of this Section, if any Bond has matured and no default has occurred which is then continuing in the payment of the principal of or premium, if any, or interest on the Bond, HRTAC may authorize the payment of the Bond (without surrender except in the case of a mutilated Bond) instead of issuing a substitute Bond, provided security or indemnification is furnished as provided in this Section. (d) HRTAC duplicate Bond the Corporation may pay the same. The Trustee and the Trustee Corporation may charge the Owner of such Bond with their reasonable fees and expenses in connection with the issuance of any substitute such duplicate Bond. . (b) Every substitute Xxxx substituted Bond issued pursuant to the provisions of this Section shall constitute a contractual obligation be entitled to the benefit and security of HRTAC, whether or not this Indenture to the extent provided herein. If the Bond alleged to have been lost, stolen or destroyed Xxxx is found or delivered shall be at any time, or is time enforceable by anyone, and the Corporation shall be entitled to all of pay such solely from the benefits of this Master Indenture and the Supplemental Indentures equally and proportionally with any and all other Bonds duly issued under this Master Indenture to the same extent as the Bond in substitution for which such Bond was issuedindemnity required above. (ec) The All Bonds shall be held and owned upon the express condition that the foregoing provisions of this Section are exclusive and shall preclude (to the extent lawful) all of the rights and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed Bonds, including those granted by and shall preclude any and all other rights or remedies, notwithstanding any law or statute now existing or hereafter enactedenacted to the contrary with respect to the replacement or payment of negotiable instruments or of investment or other securities without their surrender.

Appears in 1 contract

Samples: Indenture of Trust (Provena Foods Inc)

Mutilated, Lost, Stolen or Destroyed Bonds. (a) If In the event any Outstanding Bond is mutilated, shall be lost, stolen or stolen, destroyed, HRTAC wholly or in part, or so defaced as to impair its value to the Holder, the Authority shall execute, andexecute and the Trustee shall, upon HRTAC’s request in writingcompliance with the terms provided by law, the Trustee shall authenticate and deliver, deliver a new Bond of the same Series, principal amount, interest rate like date and maturity and tenor in exchange or replacement therefor against delivery for cancellation of like tenor as the mutilated, lost, stolen or destroyed Xxxx in exchanged and substitution for a such mutilated Bond, or in lieu of and in replacement of a destroyed, stolen or lost Bond, and upon payment by the Holder of the reasonable expenses of the Registrar and Paying Agent and the Authority and the reasonable charges of the Trustee and Registrar and Paying Agent in connection therewith and, in the event that the Bond is destroyed, stolen or lost, the Holder's filing with the Registrar and Paying Agent of evidence satisfactory to it that the Bond was destroyed, stolen or lost, of the Holder's ownership thereof, and furnishing the Trustee and the Registrar and Paying Agent such security and indemnity as is satisfactory to them which shall name the Authority as an additional indemnified party. Any replacement Bond issued under the provisions of this Section in exchange or substitution for a the defaced, mutilated or partly destroyed Bond or in substitution for the allegedly lost, stolen or wholly destroyed Xxxx. (b) Application for exchange and substitution of mutilated, lost, stolen or destroyed Bonds Bond shall be made entitled to the Trustee at its designated corporate trust office and identical benefits under this Indenture as was the applicant original Bond in lieu of which such replacement Bond is issued. Each such replacement Bond shall furnish to HRTAC and be prepared in substantially the Trustee security or indemnification to their satisfactionsame manner as the original. In every case of loss, theft or destruction of a Bond, the applicant shall also furnish to HRTAC and the Trustee evidence to their satisfaction of the loss, theft or destruction and of the identity of the applicant. In every case of mutilation of a Bond, the applicant shall surrender the Bond so mutilated for cancellation. (c) Notwithstanding the foregoing provisions of this Section, if any the lost, stolen, destroyed, defaced or mutilated Bond has matured or been called for redemption and no default the date fixed for redemption thereof has occurred which is then continuing in arrived, at the option of the Authority, payment of the principal amount due thereon may be made without the issuance of any replacement Bond upon receipt of like evidence, indemnity, security and payment of expenses and the surrender for cancellation of the defaced or premiummutilated or partly destroyed Bond and upon such other conditions as the Trustee may prescribe. Except as provided in this sentence and as permitted in the following paragraph, any replacement Bond shall be in the form of the Bond being replaced, and be dated the date of its issuance and bear such number as shall be assigned thereto by the Registrar and Paying Agent, with such subseries designation, if any, or interest on as may be deemed appropriate by the Bond, HRTAC may authorize the payment of the Bond (without surrender except Registrar and Paying Agent. The Registrar and Paying Agent shall make an appropriate notation in the case books of registry that a mutilated Bond) instead of issuing a substitute Bond, provided security replacement Bond has been issued in exchange or indemnification is furnished as provided in this Section. (d) HRTAC and the Trustee may charge the Owner their reasonable fees and expenses in connection with the issuance of any substitute Bond. Every substitute Xxxx issued pursuant to the provisions of this Section shall constitute a contractual obligation of HRTAC, whether or not the lost, stolen or destroyed Xxxx is found or delivered at any time, or is enforceable by anyone, and shall be entitled to all of the benefits of this Master Indenture and the Supplemental Indentures equally and proportionally with any and all other Bonds duly issued under this Master Indenture to the same extent as the Bond in substitution for which such Bond was issued. (e) The provisions of this Section are exclusive and shall preclude (to the extent lawful) all of the rights and remedies with respect to the payment of defaced, mutilated, lost, stolen, or wholly or partly destroyed BondsBond. There may be imprinted or affixed on the face and the panel portion of any duplicate Bond a mark to identify such Bond as a replacement Bond. Prior to arxxxxing for the preparation or printing of a replacement Bond, including those granted the Trustee and the Registrar and Paying Agent may require a deposit by any law the Holder to secure the Trustee, the Registrar and Paying Agent and the Authority for costs and expenses incurred by them in the preparation, printing, execution and issuance of such replacement Bond. Any amount of such deposit received by the Registrar and Paying Agent in excess of the amount required to reimburse the Registrar and Paying Agent, the Trustee or statute now existing the Authority for costs and expenses shall be returned to the party which made the deposit. Any defaced, mutilated or hereafter enactedpartly destroyed Bond surrendered to the Registrar and Paying Agent in substitution for a new Bond pursuant to this Section shall be cancelled by the Trustee.

Appears in 1 contract

Samples: Indenture of Trust (Keyspan Corp)

Mutilated, Lost, Stolen or Destroyed Bonds. (a) If In the event any Outstanding Bond is mutilated, lost, stolen or destroyed, HRTAC upon the written request of the Trustee, the Issuer shall execute, and, upon HRTAC’s request in writing, execute and the Trustee shall authenticate and deliver, a new Bond of the same Series, principal amount, interest rate and maturity and of like tenor denomination as the that mutilated, lost, stolen or destroyed Xxxx destroyed; provided that, in exchanged the case of any mutilated Xxxx, such mutilated Bond shall first be surrendered to the Trustee, and substitution for a mutilated Bond, or in lieu the case of and substitution for a any lost, stolen or destroyed Xxxx. (b) Application for exchange and substitution of mutilated, lost, stolen or destroyed Bonds there shall be made first furnished to the Trustee at its designated corporate trust office and the applicant shall furnish to HRTAC Issuer and the Trustee security or indemnification to their satisfaction. In every case evidence of such loss, theft or destruction of a Bond, satisfactory to the applicant shall also furnish to HRTAC Issuer and the Trustee evidence Trustee, together with indemnity satisfactory to their satisfaction of the loss, theft or destruction and of the identity of the applicantthem. In every case of mutilation of a Bondthe event any such mutilated Bond shall have matured, the applicant shall surrender the Bond so mutilated for cancellation. (c) Notwithstanding the foregoing provisions of this Section, if any Bond has matured and no default has occurred which is then continuing in the payment of the principal of or premium, if any, or interest on the Bond, HRTAC may authorize the payment of the Bond (without surrender except in the case of a mutilated Bond) instead of issuing a substitute Bond, provided security or indemnification is furnished as provided in this Section. (d) HRTAC duplicate Bond the Issuer may pay the same without surrender thereof. The Issuer and the Trustee may charge the Owner owner of such Bond with their reasonable fees and expenses in connection with this connection. The Trustee shall inform the issuance of any substitute BondCompany that such Bond or Bonds are being replaced. Every substitute Xxxx issued pursuant to the provisions of this Section 208 by virtue of the fact that any Bond is lost, stolen or destroyed, shall constitute a an additional contractual obligation of HRTACthe Issuer, whether or not the lost, stolen or destroyed Xxxx is found or delivered Bond shall be at any time, or is enforceable by anyonetime enforceable, and shall be entitled to all of the benefits of this Master Indenture and the Supplemental Indentures equally and proportionally proportionately with any and all other Bonds duly issued under this Master Indenture to hereunder. All Bonds shall be owned upon the same extent as the Bond in substitution for which such Bond was issued. (e) The provisions of this Section are exclusive and shall preclude (express condition that, to the extent lawful) all of permitted by law, the rights and remedies foregoing provisions are exclusive with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed Bonds, including those granted by and shall preclude any and all other rights or remedies other than under any contrary provisions of any supplemental indentures of the Issuer hereafter entered into, notwithstanding any law or statute now existing or hereafter enactedenacted with respect to replacement or payment of negotiable instruments or other securities without their surrender.

Appears in 1 contract

Samples: Indenture of Trust (Intrepid Technology & Resources, Inc.)

Mutilated, Lost, Stolen or Destroyed Bonds. (a) If In the event any Outstanding Bond is mutilated, lost, stolen or destroyed, HRTAC shall the Authority may execute, upon request of the registered Owner thereof and, upon HRTAC’s request in writingits written request, the Trustee shall authenticate and deliverauthenticate, a new duplicate Bond of the same Serieslike series, principal amountdate, interest rate and maturity and of like tenor denomination as the that mutilated, lost, stolen or destroyed Xxxx Bond; provided that, in exchanged and substitution for a the case of any mutilated Bond, or such mutilated Bond shall first be surrendered to the Authority, which Bond shall be canceled by the Trustee, and in lieu the case of and substitution for a any lost, stolen or destroyed Xxxx. (b) Application for exchange and substitution of mutilatedBond, lost, stolen or destroyed Bonds there shall be made first furnished to the Trustee at its designated corporate trust office and the applicant shall furnish to HRTAC Authority and the Trustee security or indemnification to their satisfaction. In every case evidence of such loss, theft or destruction of a Bond, satisfactory to the applicant shall also furnish to HRTAC Authority and the Trustee evidence together with indemnity satisfactory to their satisfaction of the lossthem, theft or destruction and of the identity of the applicant. In every case of mutilation of a Bondas may be required by applicable law; provided further that, with respect to any such Bond which shall have matured, the applicant shall surrender Trustee may pay the Bond so mutilated for cancellation. (c) Notwithstanding the foregoing provisions of this Section, if any Bond has matured and no default has occurred which is then continuing in the payment of the principal of or premium, if any, or interest on the Bond, HRTAC may authorize the payment of the Bond (same without surrender except in thereof if there shall have been furnished to the case of a mutilated Bond) instead of issuing a substitute BondAuthority, provided security or indemnification is furnished the Trustee and the Borrower indemnity satisfactory to them and as provided in this Section. (d) HRTAC may be required under applicable law. The Authority and the Trustee may charge the Owner Holder of such Bond with their reasonable fees and expenses in connection with relating to the issuance replacement of any substitute Bond. Bond pursuant to this Section. (b) Every substitute Xxxx Bond issued pursuant to the provisions of this Section 208 shall constitute a an additional contractual obligation of HRTAC, the Authority (whether or not the lost, stolen or destroyed Xxxx is Bond shall be found or delivered at any time, or is enforceable by anyone, time to be enforceable) and shall be entitled to all of the benefits of this Master Indenture and the Supplemental Indentures equally and proportionally proportionately with any and all other Bonds duly issued under this Master Indenture to the same extent as the Bond in substitution for which such Bond was issuedIndenture. (ec) The All Bonds shall be held and owned upon the express condition that the provisions of this Section 208 are exclusive and shall preclude (to the extent lawful) all of the rights and remedies exclusive, with respect to the replacement or payment of mutilated, lostdestroyed, stolen, lost or destroyed stolen Bonds, including those granted by any law or statute now existing or hereafter enacted.and shall preclude

Appears in 1 contract

Samples: Indenture of Trust (Burlington Coat Factory Warehouse Corp)

Mutilated, Lost, Stolen or Destroyed Bonds. (a) If In the event any Outstanding Bond is mutilated, shall be lost, stolen or stolen, destroyed, HRTAC shall executewholly or in part, andor so defaced as to impair its value to the Holder, the Registrar and Paying Agent shall, upon HRTAC’s request in writingcompliance with the terms provided by law, the Trustee shall authenticate and deliver, deliver a new Bond of the same Serieslike series or subseries, principal amountif any, interest rate date and maturity and tenor in exchange or replacement therefor against delivery for cancellation of like tenor as the mutilated, lost, stolen or destroyed Xxxx in exchanged and substitution for a such mutilated Bond, or in lieu of and in replacement of a destroyed, stolen or lost Bond, and upon payment by the Holder of the reasonable expenses of the Registrar and Paying Agent and the Authority and the reasonable charges of the Registrar and Paying Agent in connection therewith and, in the event that the Bond is destroyed, stolen or lost, the Holder's filing with the Registrar and Paying Agent of evidence satisfactory to it that the Bond was destroyed, stolen or lost, of the Holder's ownership thereof, and furnishing the Registrar and Paying Agent, the Bond Insurer and the Authority such security and indemnity as is satisfactory to them which shall name the Authority as an additional secured and indemnified party. Any replacement Bond issued under the provisions of this Section in exchange or substitution for a the defaced, mutilated or partly destroyed Bond or in substitution, for the allegedly lost, stolen or wholly destroyed Xxxx. (b) Application for exchange and substitution of mutilated, lost, stolen or destroyed Bonds Bond shall be made entitled to the Trustee at its designated corporate trust office and identical benefits under this Indenture as was the applicant original Bond in lieu of which such replacement Bond is issued. Each such replacement Bond shall furnish to HRTAC and be prepared in substantially the Trustee security or indemnification to their satisfactionsame manner as the original. In every case of loss, theft or destruction of a Bond, the applicant shall also furnish to HRTAC and the Trustee evidence to their satisfaction of the loss, theft or destruction and of the identity of the applicant. In every case of mutilation of a Bond, the applicant shall surrender the Bond so mutilated for cancellation. (c) Notwithstanding the foregoing provisions of this Section, if any the lost, stolen, destroyed, defaced or mutilated Bond has matured or been called for redemption and no default the date fixed for redemption thereof has occurred which is then continuing in arrived, at the option of the Registrar and Paying Agent, payment of the principal amount due thereon may be made without the issuance of any replacement Bond upon receipt of like evidence, indemnity, security and payment of expenses and the surrender for cancellation of the defaced or premiummutilated or partly destroyed Bond and upon such other conditions as the Registrar and Paying Agent may prescribe. Except as provided in this sentence and as permitted in the following paragraph, any replacement Bond shall be in the form of the Bond being replaced, and be dated the date of its authentication and bear such number as shall be assigned thereto by the Registrar and Paying Agent, which number shall have the letters "AR" prefixed thereto together with such other subseries designation, if any, or interest on as may be deemed appropriate by the Bond, HRTAC may authorize the payment of the Bond (without surrender except Registrar and Paying Agent. The Registrar and Paying Agent shall make an appropriate notation in the case books of registry that a mutilated Bond) instead of issuing a substitute Bond, provided security replacement Bond has been issued in exchange or indemnification is furnished as provided in this Section. (d) HRTAC and the Trustee may charge the Owner their reasonable fees and expenses in connection with the issuance of any substitute Bond. Every substitute Xxxx issued pursuant to the provisions of this Section shall constitute a contractual obligation of HRTAC, whether or not the lost, stolen or destroyed Xxxx is found or delivered at any time, or is enforceable by anyone, and shall be entitled to all of the benefits of this Master Indenture and the Supplemental Indentures equally and proportionally with any and all other Bonds duly issued under this Master Indenture to the same extent as the Bond in substitution for which such Bond was issued. (e) The provisions of this Section are exclusive and shall preclude (to the extent lawful) all of the rights and remedies with respect to the payment of defaced, mutilated, lost, stolen, or wholly or partly destroyed BondsBond. There may be imprinted or affixed on the face and the panel portion of any duplicate Bond a mxxx to identify such Bond as a replacement Bond. Prior to arranging for the preparation or printing of a replacement Bond, including those granted the Registrar and Paying Agent may require a deposit by any law the Holder to secure the Registrar and Paying Agent and the Authority for costs and expenses incurred by them in the preparation, printing, execution and issuance of such replacement Bond. Any amount of such deposit received by the Registrar and Paying Agent in excess of the amount required to reimburse the Registrar and Paying Agent or statute now existing the Authority for costs and expenses shall be returned to the party which made the deposit. Any defaced, mutilated or hereafter enactedpartly destroyed Bond surrendered to the Registrar and Paying Agent in substitution for a new Bond pursuant to this Section shall be cancelled by the Registrar and Paying Agent.

Appears in 1 contract

Samples: Participation Agreement (Keyspan Corp)

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