Mutilated, Lost, Stolen or Destroyed Notes. In case any Certificated Note shall become mutilated or destroyed, lost or stolen, and upon the satisfaction by the applicant of the requirements of this Section 15 for a substituted Note, the Company shall execute, and upon its request the Issuing and Paying Agent shall authenticate and deliver, a new Certificated Note having identical terms and provisions and having a number not contemporaneously outstanding, in exchange and substitution for the mutilated Certificated Note or in lieu of any substitution for the Certificated Note destroyed, lost or stolen. In the case of loss, theft or destruction, the applicant for a substituted Certificated Note shall furnish to the Company and to the Issuing and Paying Agent such security or indemnity as may be required by them to save each of them harmless. Such applicant shall also furnish to the Company and to the Issuing and Paying Agent evidence to their satisfaction of the destruction, loss or theft of such Certificated Note and of the ownership thereof. In the case of mutilation, the applicant for a substituted Certificated Note shall surrender such mutilated Certificated Note to the Company or to the Issuing and Paying Agent for cancellation thereof. The Issuing and Paying Agent may authenticate any such substituted Certificated Note and deliver the same upon the written request or authorization of any Authorized Representative included in Group III of Exhibit A hereto. Upon the issuance of any substituted Certificated Note, the Company may require the payment of a sum sufficient to cover any expense connected therewith. In case any Certificated Note that has matured or is about to mature shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Certificated Note, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Certificated Note) if the applicant for such payment shall furnish the Company and the Issuing and Paying Agent with such security or indemnity as may be required by them to save each of them harmless, and, in the case of destruction, loss or theft, evidence to the satisfaction of the Company of the destruction, loss or theft of such Certificated Note and of the ownership thereof. All applications under this Section 15 shall be processed by the Issuing and Paying Agent.
Mutilated, Lost, Stolen or Destroyed Notes. In case this Note shall be mutilated, lost, stolen or destroyed, the Company shall issue and deliver in exchange and substitution for and upon cancellation of the mutilated Note, or in lieu of and substitution for the Note, mutilated, lost, stolen or destroyed, a new Note of like tenor and representing an equivalent right or interest, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction and an indemnity, if requested, also reasonably satisfactory to it (but without requirement of posting any bond).
Mutilated, Lost, Stolen or Destroyed Notes. Subject to applicable law, in the event any Note is mutilated, lost, stolen or destroyed, the Company may authorize the execution and delivery of a new Note of like date, number, maturity and denomination as that mutilated, lost, stolen or destroyed, provided, however, that in the case of any mutilated Note, such mutilated Note shall first be surrendered to the Company, and in the case of any lost, stolen or destroyed Note, there shall be first furnished to the Company and the Bank, evidence of the ownership thereof and of such loss, theft or destruction satisfactory to the Company and the Bank, together with indemnification through a note of indemnity or otherwise as shall be satisfactory to the Company and the Bank. The Company may charge the Purchaser of such Note with any amounts satisfactory to the Company and the Bank and permitted by applicable law.
Mutilated, Lost, Stolen or Destroyed Notes. Any Holder of Old Notes whose Old Notes have been mutilated, lost, stolen or destroyed should contact the Trustee or the Exchange Agent at the addresses indicated above for further instructions. CONFIDENTIAL DRAFT
Mutilated, Lost, Stolen or Destroyed Notes. In the event any Note is mutilated, lost, stolen or destroyed, at the request of the Owner of any such Note, the Issuer shall execute (if the Trustee does not have executed Notes in its possession) and the Trustee shall authenticate and deliver a new Note of like date, interest rate, maturity and denomination as that Note which was mutilated, lost, stolen or destroyed; provided that, in the case of any mutilated Note, such mutilated Note shall first be surrendered to the Trustee, and, in the case of any lost, stolen or destroyed Note, there shall be first furnished to the Trustee evidence of such loss, theft or destruction satisfactory to the Trustee, together with indemnity satisfactory to it. In the event any such Note shall be about to mature or have matured or been called for redemption, instead of issuing a duplicate Note, the Trustee shall, at the written direction of the Issuer, pay the same without surrender thereof. The Issuer and the Trustee may charge the owner of such Note their reasonable fees and expenses in this connection.
Mutilated, Lost, Stolen or Destroyed Notes. The Issuing and Paying Agent shall obtain the replacement of mutilated, lost, stolen or destroyed Notes in accordance with the custom and usage of the financial industry.
Mutilated, Lost, Stolen or Destroyed Notes. In case any Note shall ------------------------------------------ become mutilated or destroyed, lost or stolen, and upon the satisfaction by the registered Holder thereof of the requirements of this Section 9.8 for a substituted Note, the Company shall execute and deliver a new Note having identical terms and provisions and in like principal amount, in exchange and substitution for the mutilated Note or in lieu of and substitution for the Note destroyed, lost or stolen. In the case of loss, theft or destruction, the registered Holder shall furnish to the Company such indemnity as may be required to save it harmless and shall also furnish to the Company evidence to its satisfaction of the destruction, loss or theft of such Note and of the ownership thereof. In the case of mutilation, the registered Holder shall surrender such mutilated Note to the Company for cancellation thereof. Upon the issuance of any substituted Note, 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 connected therewith. In case any Note which has matured or is about to mature or has been called for redemption or surrendered by the Holder for repayment shall become mutilated or be destroyed, lost or stolen, the Company may, instead of issuing a substituted Note, pay or authorize the payment of the same (without surrender thereof except in the case of a mutilated Note).
Mutilated, Lost, Stolen or Destroyed Notes. The Corporation will, at ----------------------------------------- its own expense, effect the replacement of any Note that is mutilated, lost, stolen or destroyed, and may require indemnity and a bond from any Holder as a condition of such replacement, provided, that if such Holder is, or is a nominee for, an original Purchaser or another holder of a Note with a minimum net worth equal to the greater of $20,000,000 or two times the principal amount of such Note, established, if requested, to the reasonable satisfaction of the Corporation, such Holder's own unsecured agreement of indemnity shall be deemed satisfactory.
Mutilated, Lost, Stolen or Destroyed Notes. In case any Note ------------------------------------------ shall become mutilated or destroyed, lost or stolen, the parties hereto shall comply with the provisions of Section 2.9 of the Indentures; provided, however, that the Agent shall, on behalf of the Trustee, perform the Trustee's obligations thereunder.
Mutilated, Lost, Stolen or Destroyed Notes. In case any Note shall become mutilated or be destroyed, stolen or lost, the Agent shall deliver a new Note of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Note or in lieu of and in substitution for any such Note destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Agent in connection therewith; and in the case of a Note destroyed, stolen or lost, upon filing by the owner with the Agent of evidence satisfactory to it that such Note was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Agent of an appropriate Note of indemnity in form, substance and amount as may be required by law and as is satisfactory to the Agent, in which Note the Issuer and the Agent shall be named as obligees. All Notes so surrendered to the Agent shall be cancelled by it and evidence of such cancellation shall be given to the Issuer. If the mutilated, destroyed, stolen or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment, provided that the owner shall first provide the Agent with a Note of indemnity as set forth above.
