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 Authority may execute, upon request of the registered Owner thereof and, upon its written request, the Trustee shall authenticate, a duplicate Bond of like series, date, maturity and denomination as that mutilated, lost, stolen or destroyed Bond; provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Authority, which Bond shall be canceled by the Trustee, and in the case of any lost, stolen or destroyed Bond, there shall be first furnished to the Authority and the Trustee evidence of such loss, theft or destruction satisfactory to the Authority and the Trustee together with indemnity satisfactory to them, and as may be required by applicable law; provided further that, with respect to any such Bond which shall have matured, the Trustee may pay the same without surrender thereof if there shall have been furnished to the Authority, the Trustee and the Borrower indemnity satisfactory to them and as may be required under applicable law. The Authority and the Trustee may charge the Holder of such Bond with their reasonable fees and expenses relating to the replacement of any Bond pursuant to this Section.

Appears in 2 contracts

Samples: Burlington Coat Factory Warehouse Corp, Burlington Coat Factory Warehouse Corp

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Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event If any Bond is mutilated, lost, stolen or destroyed, the Authority may executeTrustee, upon request of the registered Owner thereof and, upon its written request, shall authenticate a new Bond, dated as provided in Article II hereof, of the Trustee shall authenticatesame denomination and Series, a duplicate and bearing interest at the same rate as the Bond of like series, date, maturity and denomination as that mutilated, lost, stolen or destroyed Bonddestroyed; provided provided, however, that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Authority, which Bond shall be canceled by the Trustee, and and, in the case of any lost, stolen or destroyed Bond, there shall first be first furnished to the Authority and the Trustee evidence of such loss, theft or destruction satisfactory to the Authority and the Trustee Trustee, together with indemnity covering the Trustee, the related Series Credit Bank, if any, and the Corporation satisfactory to themthe Trustee, and as may thereafter such purported lost, stolen or destroyed Bond shall not be required by applicable law; provided further that, with respect deemed to be Outstanding hereunder other than for purposes of payment from the proceeds of the indemnity so provided. If any such Bond which shall have matured, instead of issuing a duplicate Bond the Trustee Corporation may pay the same without surrender thereof if there shall have been furnished to the Authority, the same. The Trustee and the Borrower indemnity satisfactory to them and as may be required under applicable law. The Authority and the Trustee Corporation may charge the Holder Owner of such Bond with their reasonable fees and expenses relating to in connection with the replacement issuance of any Bond pursuant to this Sectionsuch duplicate Bond.

Appears in 1 contract

Samples: Indenture of Trust (Provena Foods Inc)

Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event If any Bond is mutilated, lost, stolen or destroyed, the Authority may executeIssuer, upon request at the expense of the registered Owner thereof andof such Bond, upon its written request, the Trustee shall authenticate, may execute a duplicate new Bond of like seriesthe same maturity, dateinterest rate, maturity principal amount and denomination as that tenor in lieu of and in substitution for the Bond mutilated, lost, stolen or destroyed Bonddestroyed; provided thatprovided, that there shall be first furnished to the Issuer evidence satisfactory to it of the ownership of such Bond and of such loss, theft or destruction (or, in the case of any a mutilated Bond, such mutilated Bond shall first be surrendered to the AuthorityIssuer), which Bond shall be canceled by the Trustee, and in the case of any lost, stolen or destroyed Bond, there shall be first furnished to the Authority and the Trustee evidence of such loss, theft or destruction satisfactory to the Authority and the Trustee together with indemnity satisfactory to them, the Issuer and compliance with such other reasonable regulations as the Issuer may be required by applicable law; provided further that, with respect to prescribe. If any such Bond which shall have maturedhas matured or a redemption date pertaining thereto has passed, instead of issuing a new Bond the Trustee Issuer may pay the same without surrender thereof if there shall have been furnished to the Authoritythereof, the Trustee upon receipt of such evidence, indemnification and the Borrower indemnity satisfactory to them payment of fees and expenses as may be required under applicable lawdescribed herein. The Authority and the Trustee Issuer may charge the Holder Owner of such Bond with their its reasonable fees and expenses relating to the replacement of any Bond pursuant to incurred in connection with this Section.

Appears in 1 contract

Samples: Financing Agreement (Ikonics Corp)

Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event any Bond is mutilated, lost, stolen or destroyed, then, in the Authority may execute, upon request absence of notice to the registered Owner thereof and, upon its written requestTrustee that such Certificate has been acquired by a bona fide purchaser, the City, through the Trustee, may execute and the Trustee shall authenticate, may authenticate a duplicate new Bond of like series, date, maturity and denomination as that mutilated, lost, stolen or destroyed Bonddestroyed; provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Authority, which Bond shall be canceled by the TrusteeCity, and in the case of any lost, stolen or destroyed Bond, there shall be first furnished to the Authority and Trustee evidence of such loss, theft or destruction satisfactory to the Trustee, together with indemnity satisfactory to it. In the event any such Bond shall have matured, instead of issuing a duplicate Bond the City may pay the same without surrender thereof; provided, however, that in the case of a lost, stolen or destroyed Bond, there shall be first furnished to the Trustee evidence of such loss, theft or destruction satisfactory to the Authority and the Trustee Trustee; together with indemnity satisfactory to them, and as may be required by applicable law; provided further that, with respect to any such Bond which shall have matured, the Trustee may pay the same without surrender thereof if there shall have been furnished to the Authority, the Trustee and the Borrower indemnity satisfactory to them and as may be required under applicable lawit. The Authority and the Trustee may charge the Holder holder or owner of such Bond with their reasonable fees and expenses relating to the replacement of any in this connection. Any Bond issued pursuant to this SectionSection 2.8 shall be deemed part of the original series of Bonds in respect of which it was issued and an original additional contractual obligation of the City.

Appears in 1 contract

Samples: Financing Agreement

Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event any Bond is shall become mutilated, or be lost, stolen or destroyed, the Issuer shall execute and the Trustee shall authenticate and deliver a new Bond of like series, date and tenor as the Bond mutilated, lost, stolen or destroyed; provided, the Authority may executehowever, upon request of the registered Owner thereof and, upon its written request, the Trustee shall authenticate, a duplicate Bond of like series, date, maturity and denomination as that mutilated, lost, stolen or destroyed Bond; provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Authority, which Bond shall be canceled by the Trustee, and in the case of any lost, stolen or destroyed Bond, there shall be first furnished to the Authority Issuer and the Trustee evidence of such loss, theft or destruction satisfactory to the Authority Issuer and the Trustee Trustee, together with indemnity satisfactory to them, and as may be required by applicable law; provided further that, with respect to . In the event any such Bond which shall have matured, instead of issuing a substitute Bond the Trustee Issuer may pay or authorize the payment of the same without surrender thereof if there shall have been furnished to thereof. Upon the Authorityissuance of any substitute Bond, the Trustee and the Borrower indemnity satisfactory to them and as may be required under applicable law. The Authority Issuer and the Trustee may require the payment of an amount sufficient to reimburse the Issuer and the Trustee for any tax or other governmental charge the Holder of such Bond with their that may be imposed in relation thereto and any other reasonable fees and expenses relating to the replacement of any Bond pursuant to this Sectionincurred in connection therewith.

Appears in 1 contract

Samples: Capital Lease Funding Inc

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Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event any Bond is mutilated, lost, stolen or destroyed, at the Authority may execute, upon request of the registered Owner thereof andowner of any such Bond, upon the Issuer shall execute (if the Trustee does not have executed Bonds in its written request, possession) and the Trustee shall authenticate, authenticate and deliver a duplicate new Bond of like seriesdate, dateinterest rate, maturity and denomination as that Bond which was mutilated, lost, stolen or destroyed Bonddestroyed; provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Authority, which Bond shall be canceled by the Trustee, and and, in the case of any lost, stolen or destroyed BondXxxx, there shall be first furnished to the Authority and the Trustee evidence of such loss, theft or destruction satisfactory to the Authority and the Trustee Trustee, together with indemnity satisfactory to them, and as may be required by applicable law; provided further that, with respect to it. In the event any such Bond which shall be about to mature or have maturedmatured or been called for redemption, instead of issuing a duplicate Bond, the Trustee may pay the same without surrender thereof if there shall have been furnished to the Authority, the Trustee and the Borrower indemnity satisfactory to them and as may be required under applicable lawthereof. The Authority Issuer and the Trustee may charge the Holder owner of such Bond with their reasonable fees and expenses relating to the replacement of any Bond pursuant to in this Sectionconnection.

Appears in 1 contract

Samples: www.cideg.org

Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event case any Bond is mutilated, lostshall become mutilated or be destroyed, stolen or destroyedlost, the Authority may execute, upon request of the registered Owner thereof and, upon its written request, the Trustee Bank shall authenticate, deliver a duplicate new Bond of like seriesamount, datenumber, maturity date and denomination as that mutilated, losttenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or destroyed Bondlost, upon the payment of the reasonable expenses and charges of the Bank in connection therewith; provided thatand, in the case of any mutilated Bond, such mutilated a Bond shall first be surrendered to the Authority, which Bond shall be canceled by the Trustee, and in the case of any lostdestroyed, stolen or destroyed Bondlost, there shall be first furnished to upon filing by the Authority and owner with the Trustee Bank of evidence of such loss, theft or destruction satisfactory to the Authority and the Trustee together with indemnity satisfactory to themBank that such Xxxx was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Bank of an appropriate bond of indemnity in form, substance and amount as may be required by applicable law; provided further that, with respect to any such Bond which shall have matured, the Trustee may pay the same without surrender thereof if there shall have been furnished law and as is otherwise satisfactory to the Authority, Bank. All Bonds so surrendered to the Trustee Bank shall be canceled by it and evidence of such cancellation shall be given to the Agency and the Borrower City. If the mutilated, destroyed, stolen or lost Xxxx has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment, provided that the owner shall first provide the Bank with a bond of indemnity satisfactory to them and as may be required under applicable law. The Authority and the Trustee may charge the Holder of such Bond with their reasonable fees and expenses relating to the replacement of any Bond pursuant to this Sectionset forth above.

Appears in 1 contract

Samples: Agreement

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