Mutilated, Lost, Stolen or Destroyed Certificates. If (i) any mutilated Certificate is surrendered to the Company, or (ii) the Company receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, together with indemnity or security sufficient to hold it harmless, the Company shall execute, and upon its written request the Company shall authenticate and deliver, in exchange for any such mutilated Certificate or in lieu of any such destroyed, lost or stolen Certificate, a new Certificate of like tenor and principal amount, bearing a number not contemporaneously outstanding. Upon the issuance of any new Certificate under this Section, the Company 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 in connection therewith. The provisions of this Section are exclusive and shall preclude (to the extent permissible under applicable law) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Certificates.
Mutilated, Lost, Stolen or Destroyed Certificates. Any holder whose certificates for Old Notes have been mutilated, lost, stolen or destroyed should contact the Exchange Agent at the address indicated above, for further instructions.
Mutilated, Lost, Stolen or Destroyed Certificates. If any Voting Trust Certificate issued under this Agreement is mutilated, destroyed, stolen, or lost, the Trustee, in his discretion, may issue a replacement Voting Trust Certificate representing the same number of shares of Common Stock as were represented by the certificate being replaced. The applicant for a replacement Voting Trust Certificate shall furnish to the Trustee evidence to the Trustee’s satisfaction of the mutilation, destruction, theft, or loss of that applicant’s Voting Trust Certificate, together with such indemnity as the Trustee, in his discretion, may require.
Mutilated, Lost, Stolen or Destroyed Certificates. Any holder ------------------------------------------------- whose certificates for Old Notes have been mutilated, lost, stolen or destroyed should contact the Exchange Agent at the address indicated above, for further instructions.
Mutilated, Lost, Stolen or Destroyed Certificates. In the event that any Certificate is mutilated, lost, stolen or destroyed, a new Certificate may be executed on behalf of the Trustee, of like date, maturity and denomination as that mutilated, lost, stolen or destroyed; provided that the Trustee shall have received such evidence, information or indemnity from the Owner of the Certificate the Trustee may reasonably require, and provided further, in case of any mutilated Certificate, that such mutilated Certificate shall first be surrendered to the Trustee. In the event that any such Certificate shall have matured, instead of delivering a duplicate Certificate, the Trustee may pay the same without surrender thereof. The Trustee may charge the Owner of the Certificate with its reasonable fees and expenses in this connection and require payment of such fees and expenses as a condition precedent to the delivery of a new Certificate.
Mutilated, Lost, Stolen or Destroyed Certificates. The Partnership, through the Transfer Agent, shall issue a new Certificate in place of any mutilated, lost, stolen or destroyed Certificate previously issued if the registered owner of such Certificate:
(a) in the case of a mutilated certificate, surrenders the same to the Transfer Agent or, in the case of a lost, stolen or destroyed Certificate, makes proof by affidavit, in form and substance satisfactory to the General Partner, that such Certificate has been so lost, stolen or destroyed;
(b) in the case of a lost, stolen or destroyed Certificate (i) requests the issuance of a new Certificate before the Partnership or the Transfer Agent has notice that such Certificate has been acquired by a purchaser for value in good faith and without notice of an adverse claim and (ii) if requested by the General Partner or the Transfer Agent, delivers to the Partnership such security as the General Partner may require to indemnify the Partnership and the Transfer Agent against any claim that may be made on account of the alleged loss, theft or destruction of such Certificate; and
(c) satisfies any other reasonable requirements imposed by the General Partner or the Transfer Agent. When a previously issued Certificate has been lost, stolen or destroyed, the owner thereof fails to notify the Partnership within a reasonable time after he has notice of such event, and a transfer of Units represented by the Certificate is registered before the Partnership receives such notification, such owner shall be precluded from making any claim against the Partnership or the Transfer Agent with respect to such transfer or for a new Certificate.
Mutilated, Lost, Stolen or Destroyed Certificates. If the certificate(s) representing Shares to be surrendered have been mutilated, lost, stolen or destroyed, stockholders should (i) complete this Letter of Transmittal and check the appropriate box above and contact Xxxxx Xxxxx, at Xxxx Xxxxx Xxx & Xxxxxxxx, Exhibit G-11 counsel to Parent, at (000) 000-0000, for further instructions on replacing your certificate(s). This Letter of Transmittal and related documents cannot be processed until the procedures for replacing lost, mutilated, destroyed or stolen certificates have been completed.
Mutilated, Lost, Stolen or Destroyed Certificates. Any holder whose certificates for debentures have been mutilated, lost, stolen or destroyed should contact the exchange agent at the address indicated above, for further instructions.
Mutilated, Lost, Stolen or Destroyed Certificates. If any certificate representing shares of Company Securities has been mutilated, lost, stolen or destroyed, the former stockholder of the Company should promptly complete the Affidavit Regarding Certificate attached to this Letter of Transmittal as Exhibit A. This Letter of Transmittal and related documents cannot be processed until the procedures for replacing mutilated, lost, stolen or destroyed certificates have been followed.
Mutilated, Lost, Stolen or Destroyed Certificates. (a) If any Outstanding Certificate is damaged, mutilated, lost, stolen or destroyed, the Corporation will execute, and the Trustee will authenticate and deliver, a replacement Certificate, of the same tenor as the damaged, mutilated, lost, stolen or destroyed Certificate, in the manner provided below.
(b) Application for exchange and substitution of damaged, mutilated, lost, stolen or destroyed Certificates must be made to the Trustee. In every case, the applicant for a replacement Certificate must furnish to the Corporation, the Town and the Trustee such security or indemnity as each may require to save it harmless. In every case of loss, theft or destruction of a Certificate, the applicant must also furnish to the Corporation, the Town and the Trustee evidence to their satisfaction of the loss, theft or destruction of such Certificate. In the case of damage or mutilation of a Certificate, the applicant will surrender the Certificate so damaged or mutilated.
(c) Notwithstanding the foregoing, if any such Certificate has matured, and no default is then continuing in the payment of the principal or interest with respect to such Certificate, the Town may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a substitute Certificate, provided security or indemnity is furnished as provided above in the case of a lost, stolen or destroyed Certificate.
(d) The Trustee will charge the Owner of such Certificate with all expenses in connection with the issuance of any substitute Certificate. Every substitute Certificate issued pursuant to the provisions of this Section because any Certificate is lost, stolen or destroyed, whether or not the lost, stolen or destroyed Certificate may be found at any time, or may be enforceable by anyone, will be entitled to all the benefits of this Trust Agreement equally and proportionally with any and all other Certificates duly executed and delivered hereunder.
