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

Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event any Bond is mutilated, lost, stolen or destroyed, the Issuer may execute and, upon the request of an Authorized Representative of the Issuer, the Trustee shall authenticate and deliver a new Bond of like principal amount, maturity, interest rate and series as the mutilated, destroyed, lost or stolen Bond in exchange for a mutilated Bond or in substitution for a Bond so destroyed, lost or stolen, as the case may be. In every such case of exchange or substitution, the applicant shall furnish to the Issuer, the Trustee and the Company (i) such security or indemnity as may be reasonably required by any of them to save each of them harmless from all risks, however remote, and (ii) evidence to their reasonable satisfaction of the mutilation, destruction, loss or theft of the applicant's Bond and of the ownership thereof. Upon the issuance of any Bond upon such exchange or substitution, the Issuer, the 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 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 substitution therefor, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Bond) if the applicant for such payment shall furnish to the Issuer, to the Company and to the Trustee such security or indemnity as either 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.

Appears in 3 contracts

Samples: Weirton Steel Corp, Weirton Steel Corp, Weirton Steel Corp

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Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event any Outstanding Bond is mutilated, lost, stolen or destroyed, the Issuer may execute Authority will execute, and, upon the Authority’s request of an Authorized Representative in writing, the Paying Agent will authenticate and deliver, a replacement Bond of the Issuer, same Series and in the Trustee shall authenticate same principal amount and deliver a new Bond maturity and of like principal amount, maturity, interest rate and series tenor as the mutilated, destroyedlost, lost stolen or stolen destroyed Bond in exchange and substitution for a mutilated Bond Bond, or in lieu of and substitution for a Bond so destroyedlost, lost stolen or stolendestroyed Bond. Application for exchange and substitution of mutilated, as lost, stolen or destroyed Bonds will be made to the case may bePaying Agent at its designated corporate trust office and the applicant will furnish to the Authority, the Paying Agent security or indemnification to their satisfaction. In every such case of exchange loss, theft or substitutiondestruction of a Bond, the applicant shall will also furnish to the Issuer, the Trustee Authority and the Company (i) such security or indemnity as may be reasonably required by any of them to save each of them harmless from all risks, however remote, and (ii) Paying Agent evidence to their reasonable satisfaction of the mutilationloss, destruction, loss theft or theft destruction and of the identity of the applicant's , and in every case of mutilation of a Bond, the applicant will surrender the Bond and so mutilated for cancellation. Notwithstanding the foregoing provisions of this Section, in the ownership thereof. Upon the issuance of event any Bond upon such exchange or substitution, the Issuer, the Company or Trustee may require has matured and no default has occurred which is then continuing in the payment of a sum sufficient to cover any tax the principal of or other governmental charge that may be imposed in relation thereto and any other expensespremium, including counsel feesif any, of or interest on the IssuerBond, 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 substitution therefor, pay or Authority may authorize the payment of the same Bond (without surrender thereof except in the case of a mutilated Bond) if instead of issuing a substitute Bond, provided the applicant for such payment shall furnish evidence described above and the security or indemnification is furnished as provided in this Section. The Authority and the 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 Bond issued pursuant to the Issuerprovisions of this Section will constitute a contractual limited obligation of the Authority, whether or not the lost, stolen or destroyed Bond is found or delivered at any time, or is enforceable by anyone, and will be entitled to all of the benefits of this Indenture equally and proportionally with any and all other Bonds duly issued under this Indenture to the Company same extent as the Bond in substitution for which such Bond was issued. The provisions of this Section are exclusive and will preclude (to the Trustee such security or indemnity as either extent lawful) all of them may reasonably require to save them harmless, together the rights and remedies with evidence respect to the reasonable satisfaction payment of the Issuermutilated, to the Company and the Trustee of the mutilationlost, destructionstolen, loss or theft of such Bond and of the ownership thereofdestroyed 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) In the event If any Definitive Bond is shall be mutilated, lost, stolen or destroyeddestroyed (including any Definitive Bond mutilated, lost, stolen or destroyed prior to the Issuer may execute anddelivery thereof by the Fiscal Agent to the owner), then, upon the request production of such mutilated Definitive Bond, or upon the receipt of evidence satisfactory to the State and the Fiscal Agent of the loss, theft or destruction of such Definitive Bond, and upon receipt also of a surety bond satisfactory to the Fiscal Agent and the State and holding the Fiscal Agent and the State harmless. Absent notice to the Fiscal Agent that such Bonds have been acquired by a bona fide purchaser, the Fiscal Agent may, at its option and with the approval of the State, issue replacement Bonds for mutilated Bonds upon presentation thereof without such indemnity. If so requested by the State, the Fiscal Agent shall accept indemnification from the State to issue replacement Bonds for those Bonds alleged to have been lost, stolen or destroyed in lieu of an Authorized Representative open penalty surety bond. The State in its discretion (evidenced by a Direction of the IssuerState delivered to the Fiscal Agent) may execute, and thereupon the Trustee Fiscal Agent shall authenticate countersign and deliver deliver, in accordance with Section 2.4.e, a new Definitive Bond of like principal amount, maturity, interest rate and series as the mutilated, destroyed, lost or stolen Bond tenor in exchange for a for, and upon cancellation of, the mutilated Definitive Bond or in substitution for a lieu of the Definitive Bond so lost, stolen or destroyed; or, lost if any such lost, stolen or stolen, as the case may be. In every such case of exchange or substitution, the applicant destroyed Definitive Bond shall furnish to the Issuer, the Trustee and the Company (i) such security or indemnity as may be reasonably required by any of them to save each of them harmless from all risks, however remote, and (ii) evidence to their reasonable satisfaction of the mutilation, destruction, loss or theft of the applicant's Bond and of the ownership thereof. Upon the issuance of any Bond upon such exchange or substitution, the Issuer, the 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 Issuer, the Company or the Trustee incurred in connection therewith. In case any Bond which has have matured or is be about to mature shall become mutilated or be destroyed, lost or stolen, the Issuer maymature, instead of issuing a substituted Definitive Bond, upon receipt of a Direction of the State, the Fiscal Agent may pay the same. Any new Definitive Bond issued under this Section in lieu of any Definitive Bond alleged to have been lost, stolen or destroyed shall constitute an original contractual obligation of the State, whether or not the Definitive Bond alleged to have been lost, stolen or destroyed be at any time enforceable by anyone; and such new Definitive Bond shall be entitled to the benefits of this Agreement equally and ratably with all other Bonds issued hereunder. The State and the Fiscal Agent, in their discretion, may place upon any such new Definitive Bond a distinguishing xxxx or a legend to comply with the rules of any securities exchange or substitution thereforto conform to any usage with respect thereto, pay or authorize for any other reason or purpose, but such xxxx or legend shall in no respect affect the payment validity of such new Definitive Bond. Unless otherwise determined by the State, all expenses in connection with procuring such indemnity and with the preparation, execution, countersigning and delivery of a new Definitive Bond shall be borne by the person claiming ownership of the same Definitive Bond mutilated, destroyed, stolen or lost (without surrender thereof except in the case respect of a mutilated Bond) if the applicant for such payment shall furnish any Definitive Bond mutilated, destroyed, stolen or lost prior to the Issuer, delivery thereof by the Fiscal Agent to the Company and owner, for which evidence satisfactory to the Trustee such security or indemnity as either of them may reasonably require to save them harmless, together with evidence to the reasonable satisfaction of the Issuer, to the Company State and the Trustee of the mutilation, destruction, loss or theft of such Bond and of the ownership thereofFiscal Agent shall have been received).

Appears in 1 contract

Samples: Master Fiscal Agency Agreement (Israel State Of)

Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event If any Definitive Bond is shall be mutilated, lost, stolen or destroyeddestroyed (including any Definitive Bond mutilated, lost, stolen or destroyed prior to the Issuer may execute anddelivery thereof by the Fiscal Agent to the owner), then, upon the request production of such mutilated Definitive Bond, or upon the receipt of evidence satisfactory to the State and the Fiscal Agent of the loss, theft or destruction of such Definitive Bond, and upon receipt also of a surety bond satisfactory to the Fiscal Agent and the State and holding the Fiscal Agent and the State harmless, and absent notice to the Fiscal Agent that such Bonds have been acquired by a bona fide purchaser, the Fiscal Agent may, at its option and with the approval of the State, issue replacement Bonds therefor. If so requested by the State, the Fiscal Agent shall accept indemnification from the State to issue replacement Bonds for those Bonds alleged to have been lost, stolen or destroyed in lieu of an Authorized Representative open penalty surety bond. The State in its discretion (evidenced by a Direction of the IssuerState delivered to the Fiscal Agent) may execute, and thereupon the Trustee Fiscal Agent shall authenticate countersign and deliver deliver, in accordance with Section 2.4.e, a new Definitive Bond of like principal amount, maturity, interest rate and series as the mutilated, destroyed, lost or stolen Bond tenor in exchange for a for, and upon cancellation of, the mutilated Definitive Bond or in substitution for a lieu of the Definitive Bond so lost, stolen or destroyed; or, lost if any such lost, stolen or stolen, as the case may be. In every such case of exchange or substitution, the applicant destroyed Definitive Bond shall furnish to the Issuer, the Trustee and the Company (i) such security or indemnity as may be reasonably required by any of them to save each of them harmless from all risks, however remote, and (ii) evidence to their reasonable satisfaction of the mutilation, destruction, loss or theft of the applicant's Bond and of the ownership thereof. Upon the issuance of any Bond upon such exchange or substitution, the Issuer, the 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 Issuer, the Company or the Trustee incurred in connection therewith. In case any Bond which has have matured or is be about to mature shall become mutilated or be destroyed, lost or stolen, the Issuer maymature, instead of issuing a substituted Definitive Bond, upon receipt of a Direction of the State, the Fiscal Agent may pay the same. Any new Definitive Bond issued under this Section in lieu of any Definitive Bond alleged to have been lost, stolen or destroyed shall constitute an original contractual obligation of the State, whether or not the Definitive Bond alleged to have been lost, stolen or destroyed be at any time enforceable by anyone; and such new Definitive Bond shall be entitled to the benefits of this Agreement equally and ratably with all other Bonds issued hereunder. The State and the Fiscal Agent, in their discretion, may place upon any such new Definitive Bond a distinguishing xxxx or a legend to comply with the rules of any securities exchange or substitution thereforto conform to any usage with respect thereto, pay or authorize for any other reason or purpose, but such xxxx or legend shall in no respect affect the payment validity of such new Definitive Bond. Unless otherwise determined by the State, all expenses in connection with procuring such indemnity and with the preparation, execution, countersigning and delivery of a new Definitive Bond shall be borne by the person claiming ownership of the same Definitive Bond mutilated, destroyed, stolen or lost (without surrender thereof except in the case respect of a mutilated Bond) if the applicant for such payment shall furnish any Definitive Bond mutilated, destroyed, stolen or lost prior to the Issuer, delivery thereof by the Fiscal Agent to the Company and owner, for which evidence satisfactory to the Trustee such security or indemnity as either of them may reasonably require to save them harmless, together with evidence to the reasonable satisfaction of the Issuer, to the Company State and the Trustee of the mutilation, destruction, loss or theft of such Bond and of the ownership thereofFiscal Agent shall have been received).

Appears in 1 contract

Samples: Master Fiscal Agency Agreement (Israel State Of)

Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event If any Bond is shall be mutilated, lost, stolen or destroyeddestroyed (including any Bond mutilated, lost, stolen or destroyed prior to the Issuer may execute anddelivery thereof by the Fiscal Agent to the owner), then, upon the request production of an Authorized Representative such mutilated Bond, or upon the receipt of evidence satisfactory to the State and the Fiscal Agent of the Issuerloss, theft or destruction of such Bond and upon receipt also of indemnity satisfactory to each of them, the Trustee State in its discretion (evidenced by a Direction of the State delivered to the Fiscal Agent) may execute, and thereupon the Fiscal Agent shall authenticate countersign and deliver deliver, in accordance with Section 2.4.d, a new Bond of like principal amount, maturity, interest rate and series as the mutilated, destroyed, lost or stolen Bond tenor in exchange for a for, and upon cancellation of, the mutilated Bond or in substitution for a lieu of the Bond so lost, stolen or destroyed; or, lost if any such lost, stolen or stolen, as the case may be. In every such case of exchange or substitution, the applicant destroyed Bond shall furnish to the Issuer, the Trustee and the Company (i) such security or indemnity as may be reasonably required by any of them to save each of them harmless from all risks, however remote, and (ii) evidence to their reasonable satisfaction of the mutilation, destruction, loss or theft of the applicant's Bond and of the ownership thereof. Upon the issuance of any Bond upon such exchange or substitution, the Issuer, the 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 Issuer, the Company or the Trustee incurred in connection therewith. In case any Bond which has have matured or is be about to mature shall become mutilated or be destroyed, lost or stolen, the Issuer maymature, instead of issuing a substituted Bond, upon receipt of a Direction of the State, the Fiscal Agent may pay the same. Any new Bond issued under this Section in lieu of any Bond alleged to have been lost, stolen or destroyed shall constitute an original contractual obligation of the State, whether or not the Bond alleged to have been lost, stolen or destroyed be at any time enforceable by anyone; and such new Bond shall be entitled to the benefits of this Agreement equally and ratably with all other Bonds issued hereunder. The State and the Fiscal Agent, in their discretion, may place upon any such new Bond a distinguishing xxxx or a legend to comply with the rules of any securities exchange or substitution thereforto conform to any usage with respect thereto, pay or authorize for any other reason or purpose, but such xxxx or legend shall in no respect affect the payment validity of such new Bond. All expenses in connection with procuring such indemnity and with the preparation, execution, countersigning and delivery of a new Bond shall be borne by the person claiming ownership of the same Bond mutilated, destroyed, stolen or lost (without surrender thereof except in the case respect of a mutilated Bond) if the applicant for such payment shall furnish any Bond mutilated, destroyed, stolen or lost prior to the Issuer, delivery thereof by the Fiscal Agent to the Company and owner, for which evidence satisfactory to the Trustee such security or indemnity as either of them may reasonably require to save them harmless, together with evidence to the reasonable satisfaction of the Issuer, to the Company State and the Trustee of the mutilation, destruction, loss or theft of such Bond and of the ownership thereofFiscal Agent shall have been received).

Appears in 1 contract

Samples: Master Fiscal Agency Agreement (Israel State Of)

Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event any Bond is mutilated, shall be lost, stolen or stolen, destroyed, wholly or in part, or so defaced as to impair its value to the Issuer may execute andHolder, the Registrar and Paying Agent shall, upon compliance with the request of an Authorized Representative of the Issuerterms provided by law, the Trustee shall authenticate and deliver a new Bond of like principal amountseries or subseries, maturityif any, interest rate date and series tenor in exchange or replacement therefor against delivery for cancellation of 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 the defaced, mutilated or partly destroyed Bond or in substitution, for the allegedly lost, stolen or wholly destroyed Bond shall be entitled to the identical benefits under this Indenture as was the original Bond in lieu of which such replacement Bond is issued. Each such replacement Bond shall be prepared in substantially the same manner as the mutilatedoriginal. Notwithstanding the foregoing provisions of this Section, if the lost, stolen, destroyed, lost defaced or stolen mutilated Bond has matured or been called for redemption and the date fixed for redemption thereof has arrived, at the option of the Registrar and Paying Agent, payment of the 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 mutilated 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, as may be deemed appropriate by the Registrar and Paying Agent. The Registrar and Paying Agent shall make an appropriate notation in the books of registry that a replacement Bond has been issued in exchange or substitution for the defaced, mutilated, lost, stolen, or wholly or partly destroyed Bond. 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, the Registrar and Paying Agent may require a deposit by 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 the Authority for costs and expenses shall be returned to the party which made the deposit. Any defaced, mutilated or partly destroyed Bond or surrendered to the Registrar and Paying Agent in substitution for a new Bond so destroyed, lost or stolen, as pursuant to this Section shall be cancelled by the case may be. In every such case of exchange or substitution, the applicant shall furnish to the Issuer, the Trustee Registrar and the Company (i) such security or indemnity as may be reasonably required by any of them to save each of them harmless from all risks, however remote, and (ii) evidence to their reasonable satisfaction of the mutilation, destruction, loss or theft of the applicant's Bond and of the ownership thereof. Upon the issuance of any Bond upon such exchange or substitution, the Issuer, the 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 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 substitution therefor, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Bond) if the applicant for such payment shall furnish to the Issuer, to the Company and to the Trustee such security or indemnity as either 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 thereofPaying Agent.

Appears in 1 contract

Samples: Participation Agreement (Keyspan Corp)

Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event If any Definitive Bond is shall be mutilated, lost, stolen or destroyeddestroyed (including any Definitive Bond mutilated, lost, stolen or destroyed prior to the Issuer may execute anddelivery thereof by the Fiscal Agent to the owner), then, upon the request production of such mutilated Definitive Bond, or upon the receipt of evidence satisfactory to the State and the Fiscal Agent of the loss, theft or destruction of such Definitive Bond, and upon receipt also of an Authorized Representative open penalty surety bond satisfactory to the Fiscal Agent and the State and holding the Fiscal Agent and the State harmless, and absent notice to the Fiscal Agent that such Bonds have been acquired by a bona fide purchaser, the Fiscal Agent may, at its option and with the approval of the IssuerState, issue replacement Bonds therefor. If so requested by the State, the Trustee Fiscal Agent shall authenticate accept indemnification from the State to issue replacement Bonds for those Bonds alleged to have been lost, stolen or destroyed in lieu of an open penalty surety bond. The State in its discretion (evidenced by a Direction of the State delivered to the Fiscal Agent) may execute, and deliver thereupon the Fiscal Agent shall countersign and deliver, in accordance with Section 2.04(e), a new Definitive Bond of like principal amount, maturity, interest rate and series as the mutilated, destroyed, lost or stolen Bond tenor in exchange for a for, and upon cancellation of, the mutilated Definitive Bond or in substitution for a lieu of the Definitive Bond so lost, stolen or destroyed; or, lost if any such lost, stolen or stolen, as the case may be. In every such case of exchange or substitution, the applicant destroyed Definitive Bond shall furnish to the Issuer, the Trustee and the Company (i) such security or indemnity as may be reasonably required by any of them to save each of them harmless from all risks, however remote, and (ii) evidence to their reasonable satisfaction of the mutilation, destruction, loss or theft of the applicant's Bond and of the ownership thereof. Upon the issuance of any Bond upon such exchange or substitution, the Issuer, the 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 Issuer, the Company or the Trustee incurred in connection therewith. In case any Bond which has have matured or is be about to mature shall become mutilated or be destroyed, lost or stolen, the Issuer maymature, instead of issuing a substituted Definitive Bond, upon receipt of a Direction of the State, the Fiscal Agent may pay the same. Any new Definitive Bond issued under this Section in lieu of any Definitive Bond alleged to have been lost, stolen or destroyed shall constitute an original contractual obligation of the State, whether or not the Definitive Bond alleged to have been lost, stolen or destroyed be at any time enforceable by anyone; and such new Definitive Bond shall be entitled to the benefits of this Agreement equally and ratably with all other Bonds issued hereunder. The State and the Fiscal Agent, in their discretion, may place upon any such new Definitive Bond a distinguishing mark or a legend to comply with the rules of any securities exchange or substitution thereforto conform to any usage with respect thereto, pay or authorize for any other reason or purpose, but such mark or legend shall in no respect affect the payment validity of such new Definitive Bond. Unless otherwise determined by the State, all expenses in connection with procuring such indemnity and with the preparation, execution, countersigning and delivery of a new Definitive Bond shall be borne by the person claiming ownership of the same Definitive Bond mutilated, destroyed, stolen or lost (without surrender thereof except in the case respect of a mutilated Bond) if the applicant for such payment shall furnish any Definitive Bond mutilated, destroyed, stolen or lost prior to the Issuer, delivery thereof by the Fiscal Agent to the Company and owner, for which evidence satisfactory to the Trustee such security or indemnity as either of them may reasonably require to save them harmless, together with evidence to the reasonable satisfaction of the Issuer, to the Company State and the Trustee of the mutilation, destruction, loss or theft of such Bond and of the ownership thereofFiscal Agent shall have been received).

Appears in 1 contract

Samples: Master Fiscal Agency Agreement (Israel, State Of)

Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event If any Definitive Bond is shall be mutilated, lost, stolen or destroyeddestroyed (including any Definitive Bond mutilated, lost, stolen or destroyed prior to the Issuer may execute anddelivery thereof by the Fiscal Agent to the owner), then, upon the request production of such mutilated Definitive Bond, or upon the receipt of evidence satisfactory to the State and the Fiscal Agent of the loss, theft or destruction of such Definitive Bond, and upon receipt also of a surety bond satisfactory to the Fiscal Agent and the State and holding the Fiscal Agent and the State harmless. Absent notice to the Fiscal Agent that such Bonds have been acquired by a bona fide purchaser, the Fiscal Agent may, at its option and with the approval of the State, issue replacement Bonds for mutilated Bonds upon presentation thereof without such indemnity. If so requested by the State, the Fiscal Agent shall accept indemnification from the State to issue replacement Bonds for those Bonds alleged to have been lost, stolen or destroyed in lieu of an Authorized Representative open penalty surety bond. The State in its discretion (evidenced by a Direction of the IssuerState delivered to the Fiscal Agent) may execute, and thereupon the Trustee Fiscal Agent shall authenticate countersign and deliver deliver, in accordance with Section 2.4.e, a new Definitive Bond of like principal amount, maturity, interest rate and series as the mutilated, destroyed, lost or stolen Bond tenor in exchange for a for, and upon cancellation of, the mutilated Definitive Bond or in substitution for a lieu of the Definitive Bond so lost, stolen or destroyed; or, lost if any such lost, stolen or stolen, as the case may be. In every such case of exchange or substitution, the applicant destroyed Definitive Bond shall furnish to the Issuer, the Trustee and the Company (i) such security or indemnity as may be reasonably required by any of them to save each of them harmless from all risks, however remote, and (ii) evidence to their reasonable satisfaction of the mutilation, destruction, loss or theft of the applicant's Bond and of the ownership thereof. Upon the issuance of any Bond upon such exchange or substitution, the Issuer, the 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 Issuer, the Company or the Trustee incurred in connection therewith. In case any Bond which has have matured or is be about to mature shall become mutilated or be destroyed, lost or stolen, the Issuer maymature, instead of issuing a substituted Definitive Bond, upon receipt of a Direction of the State, the Fiscal Agent may pay the same. Any new Definitive Bond issued under this Section in lieu of any Definitive Bond alleged to have been lost, stolen or destroyed shall constitute an original contractual obligation of the State, whether or not the Definitive Bond alleged to have been lost, stolen or destroyed be at any time enforceable by anyone; and such new Definitive Bond shall be entitled to the benefits of this Agreement equally and ratably with all other Bonds issued hereunder. The State and the Fiscal Agent, in their discretion, may place upon any such new Definitive Bond a distinguishing xxxx or a legend to comply with the rules of any securities exchange or substitution thereforto conform to any usage with respect thereto, pay or authorize for any other reason or purpose, but such xxxx or legend shall in no respect affect the payment validity of such new Definitive Bond. Unless otherwise determined by the State, all expenses in connection with procuring such indemnity and with the preparation, execution, countersigning and delivery of a new Definitive Bond shall be borne by the person claiming ownership of the same Definitive Bond mutilated, destroyed, stolen or lost (without surrender thereof except in the case respect of a mutilated Bond) if the applicant for such payment shall furnish any Definitive Bond mutilated, destroyed, stolen or lost prior to the Issuer, delivery thereof by the Fiscal Agent to the Company and owner, for which evidence satisfactory to the Trustee such security or indemnity as either of them may reasonably require to save them harmless, together with evidence to the reasonable satisfaction of the Issuer, to the Company State and the Trustee of the mutilation, destruction, loss or theft of such Bond and of the ownership thereof.Fiscal Agent shall have been received). 14

Appears in 1 contract

Samples: Master Fiscal Agency Agreement

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Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event any Bond is mutilated, shall be lost, stolen or stolen, destroyed, wholly or in part, or so defaced as to impair its value to the Issuer may execute and, upon the request of an Authorized Representative of the IssuerHolder, the Trustee shall shall, upon compliance with the terms provided by law, authenticate and deliver a new Bond of like principal amountsubseries or series, maturitydate and tenor in exchange or replacement therefor against delivery for cancellation of such mutilated Bond, interest rate or in lieu of and series as the mutilated, 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 a the allegedly lost, stolen or wholly destroyed Bond so shall be entitled to the identical benefits under this Indenture as was the original Bond in lieu of which such replacement Bond is issued. Each such replacement Bond shall be prepared in substantially the same manner as the original. Notwithstanding the foregoing provisions of this Section, if the lost, stolen, destroyed, lost defaced or mutilated Bond has matured or been called for redemption and the date fixed for redemption thereof has arrived, at the option of the Authority, payment of the 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 mutilated 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, as may be deemed appropriate by the Registrar and Paying Agent. The Registrar and Paying Agent shall make an appropriate notation in the books of registry that a replacement Bond has been issued in exchange or substitution for the defaced, mutilated, lost, stolen, or wholly or partly destroyed Bond. 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 case may be. In every such case preparation or printing of exchange or substitution, the applicant shall furnish to the Issuera replacement Bond, the Trustee and the Company (i) Registrar and Paying Agent may require a deposit by 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 security or indemnity as may be reasonably required replacement Bond. Any amount of such deposit received by any of them to save each of them harmless from all risks, however remote, the Registrar and (ii) evidence to their reasonable satisfaction Paying Agent in excess of the mutilation, destruction, loss or theft of amount required to reimburse the applicant's Bond Registrar and of the ownership thereof. Upon the issuance of any Bond upon such exchange or substitutionPaying Agent, the Issuer, the 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 Issuer, the Company or the Trustee incurred in connection therewithAuthority for costs and expenses shall be returned to the party which made the deposit. In case any Bond which has matured or is about to mature shall become Any defaced, mutilated or be destroyed, lost or stolen, the Issuer may, instead of issuing a partly destroyed Bond in exchange or substitution therefor, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Bond) if the applicant for such payment shall furnish surrendered to the Issuer, Registrar and Paying Agent in substitution for a new Bond pursuant to this Section shall be cancelled by the Company and to the Trustee such security or indemnity as either 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 thereofTrustee.

Appears in 1 contract

Samples: Participation Agreement (Consolidated Edison Co of New York Inc)

Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event any Bond is mutilated, lost, stolen or destroyed, upon the written request of the Trustee, the Issuer may shall execute and, upon the request of an Authorized Representative of the Issuer, and the Trustee shall authenticate and deliver a new Bond of like principal amount, maturity, interest rate and series denomination as the that mutilated, lost, stolen or destroyed; provided that, lost or stolen Bond in exchange for a the case of any mutilated Xxxx, such mutilated Bond or shall first be surrendered to the Trustee, and in substitution for a Bond so destroyed, lost or stolen, as the case may beof any lost, stolen or destroyed Xxxx, there 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 indemnity satisfactory to them. In every the event any such case of exchange or substitution, the applicant mutilated Bond shall furnish to the Issuer, the Trustee and the Company (i) such security or indemnity as may be reasonably required by any of them to save each of them harmless from all risks, however remote, and (ii) evidence to their reasonable satisfaction of the mutilation, destruction, loss or theft of the applicant's Bond and of the ownership thereof. Upon the issuance of any Bond upon such exchange or substitution, the Issuer, the 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 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 mayhave matured, instead of issuing a duplicate Bond the Issuer may pay the same without surrender thereof. The Issuer and the Trustee may charge the owner of such Bond with their reasonable fees and expenses in exchange this connection. The Trustee shall inform the Company that such Bond or substitution therefor, pay or authorize Bonds are being replaced. Every substitute Xxxx issued pursuant to the payment provisions of this Section 208 by virtue of the same (without surrender thereof except in the case of a mutilated Bond) if the applicant for such payment fact that any Bond is lost, stolen or destroyed, shall furnish to the Issuer, to the Company and to the Trustee such security or indemnity as either of them may reasonably require to save them harmless, together with evidence to the reasonable satisfaction constitute an additional contractual obligation of the Issuer, whether or not the lost, stolen or destroyed Bond shall be at any time enforceable, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Bonds duly issued hereunder. All Bonds shall be owned upon the express condition that, to the Company extent permitted by law, the foregoing provisions are exclusive with respect to the replacement or payment of lost, stolen or destroyed Bonds, and the Trustee shall preclude any and all other rights or remedies other than under any contrary provisions of any supplemental indentures of the mutilationIssuer hereafter entered into, destruction, loss notwithstanding any law or theft statute now existing or hereafter enacted with respect to replacement or payment of such Bond and of the ownership thereofnegotiable instruments or other securities without their surrender.

Appears in 1 contract

Samples: Intrepid Technology & Resources, Inc.

Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event any Bond is mutilated, shall be lost, stolen or stolen, destroyed, wholly or in part, or so defaced as to impair its value to the Issuer may execute and, upon the request of an Authorized Representative of the IssuerHolder, the Trustee shall shall, upon compliance with the terms provided by law, authenticate and deliver a new Bond of like principal amountdate and tenor in exchange or replacement therefor against delivery for cancellation of such mutilated Bond, maturity, interest rate or in lieu of and series as the mutilated, 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 and the Authority such security and indemnity as is satisfactory to them. 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 a the allegedly lost, stolen or wholly destroyed Bond so shall be entitled to the identical benefits under this Indenture as was the original Bond in lieu of which such replacement Bond is issued. Each such replacement Bond shall be prepared in substantially the same manner as the original. Notwithstanding the foregoing provisions of this Section, if the lost, stolen, destroyed, lost defaced or mutilated Bond has matured or been called for redemption and the date fixed for redemption thereof has arrived, at the option of the Authority, payment of the 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 mutilated 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, as may be deemed appropriate by the Registrar and Paying Agent. The Registrar and Paying Agent shall make an appropriate notation in the books of registry that a replacement Bond has been issued in exchange or substitution for the defaced, mutilated, lost, stolen, or wholly or partly destroyed Bond. 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 case may be. In every such case preparation or printing of exchange or substitution, the applicant shall furnish to the Issuera replacement Bond, the Trustee and the Company (i) Registrar and Paying Agent may require a deposit by 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 security or indemnity as may be reasonably required replacement Bond. Any amount of such deposit received by any of them to save each of them harmless from all risks, however remote, the Registrar and (ii) evidence to their reasonable satisfaction Paying Agent in excess of the mutilation, destruction, loss or theft of amount required to reimburse the applicant's Bond Registrar and of the ownership thereof. Upon the issuance of any Bond upon such exchange or substitutionPaying Agent, the Issuer, the 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 Issuer, the Company or the Trustee incurred in connection therewithAuthority for costs and expenses shall be returned to the party which made the deposit. In case any Bond which has matured or is about to mature shall become Any defaced, mutilated or be destroyed, lost or stolen, the Issuer may, instead of issuing a partly destroyed Bond in exchange or substitution therefor, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Bond) if the applicant for such payment shall furnish surrendered to the Issuer, Registrar and Paying Agent in substitution for a new Bond pursuant to this Section shall be cancelled by the Company and to the Trustee such security or indemnity as either 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 thereofTrustee.

Appears in 1 contract

Samples: Consolidated Edison Inc

Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event any Bond is mutilated, shall be lost, stolen or stolen, destroyed, wholly or in part, or so defaced as to impair its value to the Issuer may execute and, upon the request of an Authorized Representative of the IssuerHolder, the Trustee shall shall, upon compliance with the terms provided by law, authenticate and deliver a new Bond of like principal amountdate and tenor in exchange or replacement therefor against delivery for cancellation of such mutilated Bond, maturity, interest rate or in lieu of and series as the mutilated, 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 and the Authority such security and indemnity as is satisfactory to them. 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 a the allegedly lost, stolen or wholly destroyed Bond so shall be entitled to the identical benefits under this Indenture as was the original Bond in lieu of which such replacement Bond is issued. Each such replacement Bond shall be prepared in substantially the same manner as the original. Notwithstanding the foregoing provisions of this Section, if the lost, stolen, destroyed, lost defaced or mutilated Bond has matured or been called for redemption and the date fixed for redemption thereof has arrived, at the option of the Trustee, payment of the 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 mutilated 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, as may be deemed appropriate by the Registrar and Paying Agent. The Registrar and Paying Agent shall make an appropriate notation in the books of registry that a replacement Bond has been issued in exchange or substitution for the defaced, mutilated, lost, stolen, or wholly or partly destroyed Bond. 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 case may be. In every such case preparation or printing of exchange or substitution, the applicant shall furnish to the Issuera replacement Bond, the Trustee and the Company Registrar and Paying Agent may require a deposit by 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 the Authority for costs and expenses shall be returned to the party which made the deposit. Any defaced, mutilated or partly 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. Pending the preparation of definitive Bonds, interim receipts or certificates (iherein referred to as "temporary Bonds") may initially be issued, exchangeable for definitive Bonds when the latter are ready for delivery. Such temporary Bonds may be printed, lithographed or typewritten, shall be of such security denomination or indemnity denominations as may be reasonably required determined by the Authority and may contain such references to any of them the provisions of this Indenture as may be appropriate. If temporary Bonds are issued, the Authority will cause to save each of them harmless from all risks, however remotebe furnished duly executed definitive Bonds without delay, and (ii) evidence to their reasonable satisfaction thereupon the temporary Bonds may be surrendered for cancellation at the principal office of the mutilationTrustee in exchange for definitive Bonds and without charge for such exchange, destructionand the Registrar and Paying Agent shall deliver in exchange for such temporary Bonds so surrendered an equal aggregate principal amount of definitive duly executed Bonds, loss or theft of the applicant's Bond and of the ownership thereofauthorized denominations. Upon the issuance of any Bond upon such exchange or substitutionUntil so exchanged, the Issuer, the Company or Trustee may require the payment of a sum sufficient temporary Bonds shall be entitled to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses, including counsel fees, of the 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 substitution therefor, pay or authorize the payment of the same (without surrender thereof except benefits under this Indenture as definitive Bonds. Nothing in this Indenture shall prevent the case of a mutilated Bond) if Authority from delivering, and the applicant for such payment shall furnish Authority is hereby expressly permitted to deliver, Auction Rate Bonds in typewritten form to the Issuer, to the Company and to the Trustee such security or indemnity Securities Depository as either 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 registered owner thereof.

Appears in 1 contract

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

Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event any Bond is mutilated, shall be lost, stolen or stolen, destroyed, wholly or in part, or so defaced as to impair its value to the Issuer may Holder, the Authority shall execute andand the Trustee shall, upon compliance with the request of an Authorized Representative of the Issuerterms provided by law, the Trustee shall authenticate and deliver a new Bond of like principal amountdate and tenor in exchange or replacement therefor against delivery for cancellation of such mutilated Bond, maturity, interest rate or in lieu of and series as the mutilated, 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 a the allegedly lost, stolen or wholly destroyed Bond so shall be entitled to the identical benefits under this Indenture as was the original Bond in lieu of which such replacement Bond is issued. Each such replacement Bond shall be prepared in substantially the same manner as the original. Notwithstanding the foregoing provisions of this Section, if the lost, stolen, destroyed, lost defaced or mutilated Bond has matured or been called for redemption and the date fixed for redemption thereof has arrived, at the option of the Authority, payment of the 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 mutilated 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, as may be deemed appropriate by the Registrar and Paying Agent. The Registrar and Paying Agent shall make an appropriate notation in the books of registry that a replacement Bond has been issued in exchange or substitution for the defaced, mutilated, lost, stolen, or wholly or partly destroyed Bond. 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 case may be. In every such case preparation or printing of exchange or substitution, the applicant shall furnish to the Issuera replacement Bond, the Trustee and the Company (i) Registrar and Paying Agent may require a deposit by 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 security or indemnity as may be reasonably required replacement Bond. Any amount of such deposit received by any of them to save each of them harmless from all risks, however remote, the Registrar and (ii) evidence to their reasonable satisfaction Paying Agent in excess of the mutilation, destruction, loss or theft of amount required to reimburse the applicant's Bond Registrar and of the ownership thereof. Upon the issuance of any Bond upon such exchange or substitutionPaying Agent, the Issuer, the 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 Issuer, the Company or the Trustee incurred in connection therewithAuthority for costs and expenses shall be returned to the party which made the deposit. In case any Bond which has matured or is about to mature shall become Any defaced, mutilated or be destroyed, lost or stolen, the Issuer may, instead of issuing a partly destroyed Bond in exchange or substitution therefor, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Bond) if the applicant for such payment shall furnish surrendered to the Issuer, Registrar and Paying Agent in substitution for a new Bond pursuant to this Section shall be cancelled by the Company and to the Trustee such security or indemnity as either 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 thereofTrustee.

Appears in 1 contract

Samples: Amending and Supplementing the Indenture (Keyspan Corp)

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