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

Mutilated, Lost, Wrongfully Taken or Destroyed Bonds. If any Bond is mutilated, lost, wrongfully taken or destroyed, in the absence of written notice to the Issuer or the Registrar that a lost, wrongfully taken or destroyed Bond has been acquired by a bona fide purchaser, the Issuer shall execute (but need not prepare), and the Registrar shall authenticate and deliver, a new Bond of like date, maturity and denomination and of the same series as the Bond mutilated, lost, wrongfully taken or destroyed; provided, that (i) in the case of any mutilated Bond, the mutilated Bond first shall be surrendered to the Registrar, and (ii) in the case of any lost, wrongfully taken or destroyed Bond, there first shall be furnished to the Issuer, the Company, the Trustee and the Registrar evidence of the loss, wrongful taking or destruction satisfactory to the Issuer, the Authorized Company Representative, the Trustee and the Registrar, together with indemnity satisfactory to them and to the Authorized Official. If any lost, wrongfully taken or destroyed Bond shall have matured, instead of issuing a new Bond, the Authorized Company Representative may direct the Trustee to pay that Bond without surrender thereof upon the furnishing of satisfactory evidence and indemnity as in the case of issuance of a new Bond. The Issuer, the Registrar and the Trustee may charge the Holder of a mutilated, lost, wrongfully taken or destroyed Bond their reasonable fees and expenses in connection with their actions pursuant to this Section. Every new Bond issued pursuant to this Section by reason of any Bond being mutilated, lost, wrongfully taken or destroyed (i) shall constitute, to the extent of the outstanding principal amount of the Bond lost, mutilated, taken or destroyed, an additional contractual obligation of the Issuer, regardless of whether the mutilated, lost, wrongfully taken or destroyed Bond shall be enforceable at any time by anyone and (ii) shall be entitled to all of the benefits of this Indenture equally and proportionately with any and all other Bonds issued and outstanding hereunder. All Bonds shall be held and owned on the express condition that the foregoing provisions of this Section are exclusive with respect to the replacement or payment of mutilated, lost, wrongfully taken or destroyed Bonds and, to the extent permitted by law, shall preclude any and all other rights and remedies with respect to the replacement or payment of negotiable instruments or other investment securities without their surrender, notwithstanding any law or statute to the contrary now existing or enacted hereafter.

Mutilated, Lost, Wrongfully Taken or Destroyed Bonds. If any Bond is mutilated, lost, wrongfully taken or destroyeddestroyed (for ease of reference, referred to in this Section as a “lost Bond”), in the absence of written notice to the Issuer Authority or the Registrar Trustee that a lost, wrongfully taken or destroyed the lost Bond has been acquired by a bona fide purchaser, the Issuer Authority shall execute (but need not prepare), cause to be executed and the Registrar Trustee shall authenticate and deliver, cause to be authenticated a new Bond of like date, maturity and denomination denomination, and of bearing any interest at the same series rate (or determined in the same manner), as the Bond mutilated, lost, wrongfully taken or destroyed; provided, that (i) in lost Bond. In the case of any a mutilated BondXxxx, the mutilated Bond shall first shall be surrendered to the Registrar, and (ii) in the Trustee. In case of any a lost, wrongfully taken or destroyed BondXxxx, there first shall be furnished to the Issuer, the Company, Authority and the Trustee and the Registrar evidence of the loss, wrongful taking or destruction satisfactory to the Issuer, the Authorized Company Representative, the Trustee and the RegistrarTrustee, together with indemnity satisfactory to them and to the Authorized OfficialTrustee. If any lost, wrongfully taken or destroyed the lost Bond shall have has matured, instead of issuing a new BondBond the Authority may pay, the Authorized Company Representative or may direct the Trustee to pay that pay, the Bond without surrender thereof or issuance of a new Bond upon the furnishing of the evidence and, if applicable, satisfactory evidence and indemnity as in the case of issuance of a new Bond. The Issuer, the Registrar Authority and the Trustee may charge the Holder holder of a mutilated, lost, wrongfully taken or destroyed the applicable Bond their for reasonable fees and expenses expenses, including legal fees and printing expenses, in connection with their actions pursuant to this Section. Every new Bond issued pursuant to this Section by reason of any Bond being mutilated, lost, wrongfully taken or destroyed (i) shall constitute, to consistent with the extent provisions of the outstanding principal amount of the Bond lost, mutilated, taken or destroyedPredecessor Bond, an additional contractual obligation of the IssuerAuthority, regardless of whether or not the mutilated, lost, wrongfully taken or destroyed predecessor Bond shall be enforceable found at any time by anyone and (ii) shall be entitled time. Any new Bond issued pursuant to all of this Section may contain or have imprinted or stamped on it a statement to the benefits of this Indenture equally and proportionately with any and all other Bonds effect, or a symbol indicating, that it is issued and outstanding hereunderto replace a lost Bond. All Bonds shall be held and owned on the express condition that the foregoing provisions of this Section are exclusive with respect to the replacement or payment of mutilated, lost, wrongfully taken or destroyed lost Bonds and, to the extent permitted by law, and shall preclude any and all other rights and remedies or remedies, notwithstanding any law or statute to the contrary now in effect or hereafter enacted with respect to the replacement or payment of negotiable instruments or investment securities or other investment securities without their surrender, notwithstanding . The Trustee shall promptly advise in writing any law other Authenticating Agents or statute Paying Agents for the applicable series of the issuance of any new Bonds or the payment of any matured Bond pursuant to the contrary now existing or enacted hereafterthis Section.

Mutilated, Lost, Wrongfully Taken or Destroyed Bonds. If any Bond is mutilated, lost, wrongfully taken or destroyed, in the absence of written notice to the Issuer or and the Registrar that a lost, wrongfully taken or destroyed Bond has been acquired by a bona fide purchaser, the Issuer shall execute (but need not prepare), and the Registrar shall authenticate and deliver, deliver a new Bond of like date, maturity and denomination and of the same series as the Bond mutilated, lost, wrongfully taken or destroyed; provided, that (i) in the case of any mutilated Bond, the mutilated Bond first shall be surrendered to the Registrar, and (ii) in the case of any lost, wrongfully taken or destroyed Bond, there first shall be furnished to the Issuer, the Company, the Trustee and the Registrar evidence of the loss, wrongful taking or destruction satisfactory to the Issuer, the Authorized Company Representative, the Trustee and the Registrar, together with indemnity satisfactory to them the Borrower, Bank, Issuer and to the Authorized OfficialTrustee. If any lost, wrongfully taken or destroyed Bond shall have matured, instead of issuing a new Bond, the Authorized Company Borrower Representative may direct the Trustee Paying Agent to pay that Bond without surrender thereof upon the furnishing of satisfactory evidence and indemnity as in the case of issuance of a new Bond. The Issuer, the Registrar and the Trustee may charge the Holder of a mutilated, lost, wrongfully taken or destroyed Bond their reasonable fees and expenses in connection with their actions pursuant to this Section. Every new Bond issued pursuant to this Section by reason of any Bond being mutilated, lost, wrongfully taken or destroyed (i) shall constitute, to the extent of the outstanding principal amount of the Bond lost, mutilated, taken or destroyed, an additional contractual obligation of the Issuer, regardless of whether the mutilated, lost, wrongfully taken or destroyed Bond shall be enforceable at any time by anyone and (ii) shall be entitled to all of the benefits of this Indenture equally and proportionately with any and all other Bonds issued and outstanding hereunder. All Bonds shall be held and owned on the express condition that the foregoing provisions of this Section are exclusive with respect to the replacement or payment of mutilated, lost, wrongfully taken or destroyed Bonds and, to the extent permitted by law, shall preclude any and all other rights and remedies with respect to the replacement or payment of negotiable instruments or other investment securities without their surrender, notwithstanding any law or statute to the contrary now existing or enacted hereafter.

Mutilated, Lost, Wrongfully Taken or Destroyed Bonds. If any Bond is mutilated, lost, wrongfully taken or destroyed, in the absence of written notice to the Issuer State or the Registrar that a lost, wrongfully taken or destroyed Bond has been acquired by a bona fide purchaser, the Issuer State shall execute (but need not prepare)execute, and the Registrar shall authenticate and deliver, a new Bond of like date, maturity and denomination and of the same series as the Bond mutilated, lost, wrongfully taken or destroyed; provided, provided that (i) in the case of any mutilated Bond, the mutilated Bond first shall be surrendered to the Registrar, and (ii) in the case of any lost, wrongfully taken or destroyed Bond, there first shall be furnished to the Issuer, the CompanyState, the Trustee and the Registrar evidence of the loss, wrongful taking or destruction satisfactory to the Issuer, the Authorized Company RepresentativeState, the Trustee and the Registrar, together with indemnity satisfactory to them and to the Authorized Officialthem. If any lost, wrongfully taken or destroyed Bond shall have matured, instead of issuing a new Bond, the Authorized Company Representative State may direct the Trustee to pay that Bond without surrender thereof upon the furnishing of satisfactory evidence and indemnity as in the case of issuance of a new Bond. The IssuerState, the Registrar and the Trustee may charge the Holder of a mutilated, lost, wrongfully taken or destroyed Bond their reasonable fees and expenses (including reasonable counsel fees) in connection with their actions pursuant to this Section. Every new Bond issued pursuant to this Section by reason of any Bond being mutilated, lost, wrongfully taken or destroyed (i) shall constitute, to the extent of the outstanding principal amount of the Bond mutilated, lost, mutilated, wrongfully taken or destroyed, an additional a contractual obligation of the IssuerState, regardless of whether the mutilated, lost, wrongfully taken or destroyed Bond shall be enforceable at any time by anyone anyone, and (ii) shall be entitled to all of the benefits of this Indenture equally and proportionately with any and all other Bonds issued and outstanding hereunder, provided that nothing in this paragraph shall limit the authority and right of the State to exercise its rights under the indemnity furnished at the time of issuance of a new Bond or payment of a Bond without surrender. All Bonds shall be held and owned on the express condition that the foregoing provisions of this Section are exclusive with respect to the replacement or payment of mutilated, lost, wrongfully taken or destroyed Bonds and, to the extent permitted by law, shall preclude any and all other rights and remedies with respect to the replacement or payment of negotiable instruments or other investment securities without their surrender, notwithstanding any law or statute to the contrary now existing or enacted hereafter.

Mutilated, Lost, Wrongfully Taken or Destroyed Bonds. If any Bond is mutilated, lost, wrongfully taken or destroyed, in the absence of written notice to the Issuer or the Registrar Trustee that a lost, wrongfully taken or destroyed Bond has been OHSUSA:763098104.5 acquired by a bona fide purchaser, the Issuer shall execute (but need not prepare)execute, and the Registrar Trustee shall authenticate and deliver, a new Bond of like date, maturity and denomination and of the same series as the Bond mutilated, lost, wrongfully taken or destroyed; provided, that (ia) in the case of any mutilated Bond, the mutilated Bond first shall be surrendered to the RegistrarTrustee, and (iib) in the case of any lost, wrongfully taken or destroyed Bond, there first shall be furnished to the Issuer, the Company, the Trustee and the Registrar evidence of the loss, wrongful taking or destruction satisfactory to the Issuer, the Authorized Company Representative, the Trustee and the RegistrarTrustee, together with indemnity satisfactory to them the Authorized Borrower Representative, the Trustee and to the Authorized Official. If any lost, wrongfully taken or destroyed Bond shall have matured, instead of issuing a new Bond, the Authorized Company Representative Issuer may direct the Trustee to pay that Bond without surrender thereof upon the furnishing of satisfactory evidence and indemnity as in the case of issuance of a new Bond. The Issuer, the Registrar Issuer and the Trustee may charge the Holder of a mutilated, lost, wrongfully taken or destroyed Bond their reasonable fees and expenses in connection with their actions pursuant to this Section. Every new Bond issued pursuant to this Section by reason of any Bond being mutilated, lost, wrongfully taken or destroyed (ia) shall constitute, to the extent of the outstanding Outstanding principal amount of the Bond lost, mutilated, taken or destroyed, an additional contractual obligation of the Issuer, regardless of whether the mutilated, lost, wrongfully taken or destroyed Bond shall be enforceable at any time by anyone and (iib) shall be entitled to all of the benefits of this Indenture equally and proportionately with any and all other Bonds issued and outstanding Outstanding hereunder. All Bonds shall be held and owned on the express condition that the foregoing provisions of this Section are exclusive with respect to the replacement or payment of mutilated, lost, wrongfully taken or destroyed Bonds and, to the extent permitted by law, shall preclude any and all other rights and remedies with respect to the replacement or payment of negotiable instruments or other investment securities without their surrender, notwithstanding any law or statute to the contrary now existing or enacted hereafter.

Mutilated, Lost, Wrongfully Taken or Destroyed Bonds. (a) If any Bond is mutilated, lost, wrongfully taken or destroyed, in the absence of written notice to the Issuer or the Registrar Trustee that a lost, wrongfully taken or destroyed Bond has been acquired by a purported bona fide purchaser, the Issuer shall execute (but need not prepare)execute, and the Registrar Trustee shall authenticate and deliver, a new Bond of like date, maturity and denomination and of the same series as the Bond mutilated, lost, wrongfully taken or destroyed; provided, provided that (i) in the case of any mutilated Bond, the mutilated Bond first shall be surrendered to the RegistrarTrustee, and (ii) in the case of any lost, wrongfully taken or destroyed BondXxxx, there first shall be furnished to the Issuer, the Company, Company and the Trustee and the Registrar evidence of the loss, wrongful taking or destruction satisfactory to the Issuer, the Authorized Company Representative, the Trustee and the RegistrarTrustee, together with indemnity satisfactory to them it and to the Authorized Official. If any lost, wrongfully taken or destroyed Bond shall have matured, instead Representative of issuing a new Bond, the Authorized Company Representative may direct the Trustee to pay that Bond without surrender thereof upon the furnishing of satisfactory evidence and indemnity as in the case of issuance of a new BondIssuer. The Issuer, the Registrar Issuer and the Trustee may charge the Holder of a mutilated, lost, wrongfully taken or destroyed Bond their reasonable fees and expenses in connection with their actions pursuant to this Section. Every new . (b) Notwithstanding the foregoing, the Trustee shall not be required to authenticate and deliver any substitute Bond issued pursuant for a Bond which has been called for redemption or which has matured or is about to this Section mature and, in any such case, the principal or redemption price and interest then due or becoming due shall be paid by reason the Trustee from the funds provided by the Issuer hereunder in accordance with the terms of any Bond being mutilated, lost, wrongfully taken or destroyed (i) shall constitute, to the extent of the outstanding principal amount of the Bond lost, mutilated, taken or destroyed, an additional contractual obligation of the Issuer, regardless of whether the mutilated, lost, wrongfully taken or destroyed Bond without substitution therefor. (c) Every substituted Xxxx issued pursuant to this Section shall be enforceable at any time by anyone constitute an additional contractual obligation of the Issuer and (ii) shall be entitled to all of the benefits of this Indenture equally and proportionately with any and all other Bonds duly issued hereunder unless the Bond alleged to have been lost, wrongfully taken or destroyed shall be at any time enforceable by a bona fide purchaser for value without notice. In the event the Bond alleged to have been lost, wrongfully taken or destroyed shall be enforceable by anyone, the Issuer may recover the substitute Bond from the Bondholder to whom it was issued or from anyone taking under the Bondholder except a bona fide purchaser for value without notice. Subject to the foregoing, all Bonds authenticated and outstanding hereunder. delivered under this Section 2.10 shall evidence the same debt as the last, wrongfully taken or destroyed Xxxx. (d) All Bonds shall be held and owned on the express condition that the foregoing provisions of this Section are exclusive with respect to the replacement or payment of mutilated, lost, wrongfully taken or destroyed Bonds and, to the extent permitted by law, shall preclude any and all other rights and remedies with respect to the replacement or payment of negotiable instruments or other investment securities without their surrender, notwithstanding any law or statute to the contrary now existing or enacted hereafterhereafter enacted.

Mutilated, Lost, Wrongfully Taken or Destroyed Bonds. If In the event any Bond is mutilated, lost, wrongfully taken or destroyed, in the absence of written notice to the Issuer or may execute a new Bond, as the Registrar that a lost, wrongfully taken or destroyed Bond has been acquired by a bona fide purchaser, the Issuer shall execute (but need not prepare)case may be, and the Registrar shall Trustee may authenticate and deliversuch new Bond, a new Bond of like date, maturity and denomination and of the same series as the Bond that mutilated, lost, wrongfully taken or destroyed; provided, that (i) provided that, in the case of any mutilated Bond, the such mutilated Bond shall first shall be surrendered to the RegistrarTrustee, and (ii) in the case of any lost, wrongfully taken or destroyed Bond, there first shall be first furnished to the Issuer, the Company, Company and the Trustee and the Registrar evidence of the such loss, wrongful taking or destruction satisfactory to the Issuer, the Authorized Company Representative, as defined in the Trustee Loan Agreement, and the RegistrarTrustee, together with indemnity satisfactory to them and to them. In the Authorized Official. If event any such lost, wrongfully taken or destroyed Bond shall have matured, instead of issuing a new Bondduplicate Bond the Issuer, by any member of the Authorized Company Representative Legislative Authority, may direct the Trustee to pay that Bond the same without surrender thereof upon the furnishing of the satisfactory evidence and indemnity as in the case of issuance of a new Bond. The Issuer, the Registrar Company and the Trustee may charge the Holder holder of a mutilated, lost, wrongfully taken or destroyed such Bond with their reasonable fees and expenses in connection with their actions action pursuant to this SectionSection 2.05. Every new substituted Bond issued pursuant to this Section 2.05 by reason of any Bond being mutilated, lost, wrongfully taken or destroyed (i) shall constituteshall, with respect to the extent of the outstanding principal amount of the such Bond lost, mutilated, taken or destroyed, constitute an additional contractual obligation of the Issuer, regardless of whether or not the mutilated, lost, wrongfully taken or destroyed Bond shall be enforceable found at any time by anyone time, and (ii) shall be entitled to all of the benefits of this Indenture equally and proportionately with any and all other Bonds duly issued and outstanding hereunder. All Bonds shall be held and owned on the express condition that the foregoing provisions of this Section are exclusive with respect to the replacement or payment of mutilated, lost, wrongfully taken or destroyed Bonds and, to the extent permitted by law, and shall preclude any and all other rights and remedies or remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other investment securities without their surrender, notwithstanding any law or statute to the contrary now existing or enacted hereafter.

Mutilated, Lost, Wrongfully Taken or Destroyed Bonds. If In the event any temporary or definitive Bond is mutilated, lost, wrongfully taken or destroyed, in the absence of written notice to the Issuer or the Registrar that a lost, wrongfully taken or destroyed Bond has been acquired by a bona fide purchaser, the Issuer shall execute (but need not prepare), and the Registrar Trustee shall authenticate and deliver, a new Bond of like date, maturity and denomination and of the same series as the Bond that mutilated, lost, wrongfully taken or destroyed; provided, that (i) provided that, in the case of any mutilated Bond, the Bond such mutilated Bond shall first shall be surrendered to the RegistrarTrustee, and (ii) in the case of any lost, wrongfully taken or destroyed Bond, Bond there first shall be first furnished to the Issuer, the Company, the Trustee and the Registrar evidence of the such loss, wrongful taking or destruction satisfactory to the Issuer, the Authorized Company Borrowers Representative, the Trustee Letter of Credit Bank and the RegistrarTrustee, together with indemnity satisfactory to them and to them. In the Authorized Official. If any event such lost, wrongfully taken or destroyed Bond shall have matured, instead of issuing a new BondBond the Issuer, the Authorized Company Representative by its Chairman, may direct the Trustee to pay that Bond the same without surrender thereof upon the furnishing of the satisfactory evidence and indemnity as in the case of issuance of a new Bond. The Issuer, the Registrar Issuer and the Trustee may charge the Holder holder of a mutilated, lost, wrongfully taken or destroyed such Bond with their reasonable customary fees and reasonable expenses in connection with their actions action pursuant to this Section. Every new Bond issued pursuant to this Section by reason of any shall, with respect to such Bond being mutilated, lost, wrongfully taken or destroyed (i) shall constitute, to the extent of the outstanding principal amount of the Bond lost, mutilated, taken or destroyed, constitute an additional contractual obligation of the Issuer, regardless of whether or not the mutilated, lost, wrongfully taken or destroyed Bond shall be enforceable found at any time by anyone time, and (ii) shall be entitled to all of the benefits of this Indenture equally and proportionately with any and all other Bonds duly issued and outstanding hereunder. All Bonds shall be held and owned on the express condition that the foregoing provisions of this Section are exclusive with respect to the replacement or payment of mutilated, lost, wrongfully taken or destroyed Bonds and, to the extent permitted by law, and shall preclude any and all other rights and remedies or remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or other investment securities without their surrender, notwithstanding any law or statute to the contrary now existing or enacted hereafter.