Common use of Mutilation, Loss, Theft or Destruction, Etc Clause in Contracts

Mutilation, Loss, Theft or Destruction, Etc. (i) Following the endorsement of a Guarantee Legend on a Note pursuant to Section 5.03, if such Note is mutilated, lost, stolen or destroyed, and the Borrower (in accordance with the Credit Agreement) issues and delivers to the Lender a new Note in exchange for the Note so mutilated, lost, stolen or destroyed, then the Lender may ask Ex-Im Bank to endorse a Guarantee Legend on the new Note issued by the Borrower by submitting a Request for Guarantee to Ex-Im Bank. (ii) Following the issuance of a Guaranteed Note Certificate with respect to a Note (other than a Serial Note) or Note Series pursuant to Section 5.03, if such Note or Note Series (or any Serial Note of such Series) is mutilated, lost, stolen or destroyed, and the Borrower (in accordance with the Credit Agreement) issues and delivers to the Lender a new Note or Note Series in exchange for the Note or Note Series so mutilated, lost, stolen or destroyed, then the Lender may ask Ex-Im Bank to issue a new Guaranteed Note Certificate with respect to the new Note or Note Series, as the case may be, issued by the Borrower by submitting a Request for Guarantee to Ex-Im Bank. (iii) The Lender shall have the duty of ensuring that (A) any replacement Note presented to Ex-Im Bank for the endorsement of a Guarantee Legend pursuant to this Section 5.04(a) is identical in form to the Note being replaced and (B) any replacement Note (including any replacement Serial Note of a Note Series) presented to Ex-Im Bank for the issuance of a Guaranteed Note Certificate pursuant to this Section 5.04(a) is identical in form and substance to the Note being replaced; in each case, provided that the Lender and Ex-Im Bank each acknowledges and agrees that pursuant to Section 9.07, the Lender shall indemnify Ex-Im Bank for all actual damages and costs suffered by Ex-Im Bank as a result of any failure by the Lender to comply with any of its obligations under this Section 5.04(a) but any such failure shall in no way affect the binding nature of any Guarantee issued with respect to the relevant Credit.

Mutilation, Loss, Theft or Destruction, Etc. (i) Following the endorsement of a Guarantee Legend on a Note pursuant to Section 5.03, if such Note is mutilated, lost, stolen or destroyed, and the Borrower (in accordance with the Credit Agreement) issues and delivers to the Lender Agent, on behalf of the Lenders, a new Note in exchange for the Note so mutilated, lost, stolen or destroyed, then the Lender Agent, on behalf of the Lenders, may ask Ex-Im Bank to endorse a Guarantee Legend on the new Note issued by the Borrower by submitting a Request for Guarantee to Ex-Im Bank. (ii) Following the issuance of a Guaranteed Note Certificate with respect to a Note (other than a Serial Note) or Note Series pursuant to Section 5.03, if such Note or Note Series (or any Serial Note of such Series) is mutilated, lost, stolen or destroyed, and the Borrower (in accordance with the Credit Agreement) issues and delivers to the Lender Agent, on behalf of the Lenders, a new Note or Note Series in exchange for the Note or Note Series so mutilated, lost, stolen or destroyed, then the Lender Agent, on behalf of the Lenders, may ask Ex-Im Bank to issue a new Guaranteed Note Certificate with respect to the new Note or Note Series, as the case may be, issued by the Borrower by submitting a Request for Guarantee to Ex-Im Bank. (iii) The Lender Agent shall have the duty of ensuring that (A) any replacement Note presented to Ex-Im Bank for the endorsement of a Guarantee Legend pursuant to this Section 5.04(a) is identical in form to the Note being replaced and (B) any replacement Note (including any replacement Serial Note of a Note Series) presented to Ex-Im Bank for the issuance of a Guaranteed Note Certificate pursuant to this Section 5.04(a) is identical in form and substance to the Note being replaced; in each case, provided that the Lender Agent and Ex-Im Bank each acknowledges and agrees that pursuant to Section 9.07, the Lender Agent shall indemnify Ex-Im Bank for all actual damages and costs suffered by Ex-Im Bank as a result of any failure by the Lender Agent to comply with any of its obligations under this Section 5.04(a) but any such failure shall in no way affect the binding nature of any Guarantee issued with respect to the relevant Credit.

Mutilation, Loss, Theft or Destruction, Etc. (i) Following the endorsement of a Guarantee Legend on a Note pursuant to Section 5.03, if such Note is mutilated, lost, stolen or destroyed, and the Borrower (in accordance with the Credit Agreement) issues and delivers to the Lender a new Note in exchange for the Note so mutilated, lost, stolen or destroyed, then the Lender may ask Ex-Im Bank to endorse a Guarantee Legend on the new Note issued by the Borrower by submitting a Request for Guarantee to Ex-Im Bank. (ii) Following the issuance of a Guaranteed Note Certificate with respect to a Note (other than a Serial Note) or Note Series pursuant to Section 5.03, if such Note or Note Series (or any Serial Note of such Series) is mutilated, lost, stolen or destroyed, and the Borrower (in accordance with the Credit Agreement) issues and delivers to the Lender a new Note or Note Series in exchange for the Note or Note Series so mutilated, lost, stolen or destroyed, then the Lender may ask request Ex-Im Bank to endorse a new Guarantee Legend on such new Note or Note Series issued by the Borrower by submitting a Request for Political Risk Guarantee to Ex-Im Bank. (ii) Following the issuance of a Guaranteed Note Certificate with respect to a Note (other than a Serial Note) or Note Series pursuant to Section 5.03, if such Note is mutilated, lost, stolen or destroyed, the Lender shall obtain from the Borrower (in accordance with the Credit Agreement) a new Note or Note Series in exchange for the Note or Note Series so mutilated, lost, stolen or destroyed. The Lender may request Ex-Im Bank to issue a new Guaranteed Note Certificate with respect to the such new Note or Note Series, as the case may be, be issued by the Borrower by submitting a Request for Guarantee to Ex-Im Bank. (iii) The Lender shall have the duty of ensuring that (A) any replacement Note presented to Ex-Im Bank for the endorsement of a Guarantee Legend pursuant to this Section 5.04(a) is identical in form to the Note being replaced and (B) any replacement Note (including any replacement Serial Note of a Note Series) presented to Ex-Im Bank for the issuance of a Guaranteed Note Certificate pursuant to this Section 5.04(a) is identical in form and substance to the Note being replaced; in each case, provided that the Lender and Ex-Im Bank each acknowledges and agrees that pursuant to Section 9.07, the Lender shall indemnify Ex-Im Bank for all actual damages and costs suffered by Ex-Im Bank as a result of any failure by the Lender to comply with any of its obligations under this Section 5.04(a) but any such failure shall in no way affect the binding nature of any Political Risk Guarantee issued with respect to the relevant Credit.