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

Mutilation, Loss, Theft or Destruction. In case the Note issued hereunder shall become mutilated or be lost, stolen or destroyed, the Corporation, in its discretion, may issue, and thereupon the Note Trustee shall certify and deliver, a new Note upon surrender and cancellation of the mutilated Note, or in the case of a lost, stolen or destroyed Note, in lieu of and in substitution for the same, and the substituted Note shall be in a form approved by the Note Trustee and shall be entitled to the benefits of this Indenture and rank equally in accordance with its terms with the previous Note issued hereunder. The new or substituted Note may have endorsed upon it the fact that it is in replacement of a previous Note. In case of loss, theft or destruction the applicant for a substituted Note shall furnish to the Corporation and to the Note Trustee such evidence of the loss, theft or destruction of the Note and such other documents as shall be satisfactory to them in their discretion and shall also furnish a surety bond and an indemnity satisfactory to them in their discretion. The applicant shall pay all reasonable expenses incidental to the issuance of any substituted Note.

Appears in 1 contract

Samples: Trust Indenture (Just Energy Group Inc.)

AutoNDA by SimpleDocs

Mutilation, Loss, Theft or Destruction. In case any of the Note Notes issued hereunder shall become mutilated or be lost, stolen or destroyed, the Corporation, in its discretion, may issue, and thereupon the Note Trustee shall certify and deliver, a new Note upon surrender and cancellation of the mutilated Note, or in the case of a lost, stolen or destroyed Note, in lieu of and in substitution for the same, and the substituted Note shall be in a form approved by the Note Trustee and shall be entitled to the benefits of this Indenture and rank equally in accordance with its terms with the previous Note all other Notes issued or to be issued hereunder. The new or substituted Note may have endorsed upon it the fact that it is in replacement of a previous Note. In case of loss, theft or destruction destruction, the applicant for a substituted Note shall furnish to the Corporation and to the Note Trustee such evidence of the loss, theft or destruction of the Note and such other documents as shall be satisfactory to them in their discretion and shall also furnish a an indemnity and surety bond and an indemnity satisfactory to them in their discretion. The applicant shall pay all reasonable expenses incidental to the issuance of any substituted Note.

Appears in 1 contract

Samples: Indenture (Sundial Growers Inc.)

Mutilation, Loss, Theft or Destruction. β€Œ In case any of the Note Notes issued hereunder shall become mutilated or be lost, stolen or destroyed, the CorporationIssuer, in its discretion, may issue, and thereupon the Note Trustee shall certify authenticate and deliver, a new Note upon surrender and cancellation of the mutilated Note, or in the case of a lost, stolen or destroyed Note, in lieu of and in substitution for the same, and the substituted Note shall be in a form approved by the Note Trustee and shall be entitled entitle the Holder thereof to the benefits of this Indenture and shall rank equally in accordance with its terms with the previous Note all other Notes issued or to be issued hereunder. The new or substituted Note may have endorsed upon it the fact that it is in replacement of a previous Note. In case of loss, theft or destruction the applicant for a substituted Note shall furnish to the Corporation Issuer and to the Note Trustee such evidence of the loss, theft or destruction of the Note and such other documents as shall be satisfactory to them in their discretion and shall also furnish a an indemnity and surety bond and an indemnity satisfactory to them in their discretion. The applicant shall pay all reasonable expenses incidental to the issuance of any substituted Note.

Appears in 1 contract

Samples: Trust Indenture

Mutilation, Loss, Theft or Destruction. In case any of the Note Notes issued hereunder thereunder shall become be mutilated or be lost, stolen or destroyed, the CorporationCompany, in its discretion, may issue, and thereupon the Note Trustee shall certify and delivercertify, a new Note upon surrender and cancellation of the mutilated Note, or in the case of a lost, stolen or destroyed Note, in lieu of and in substitution for the same, and the substituted Note shall be in a form approved by the Note Trustee and shall be entitled to the benefits of this Note Indenture and rank equally in accordance with its terms with the previous Note all other Notes issued hereunder. The new or substituted Note may have endorsed upon it the fact that it is in replacement of a previous Noteto be issued thereunder without preference or priority one over another. In case of loss, theft or destruction destruction, the applicant for a substituted Note shall furnish to the Corporation Company and to the Note Trustee such evidence of the such loss, theft or destruction of the Note and such other documents as shall be satisfactory to them in their discretion and shall also furnish a an indemnity and surety bond and an indemnity satisfactory to them in their discretion. The applicant shall pay all reasonable charges and expenses incidental to the issuance of any substituted Note, including charges and expenses of the Company and the Trustee.

Appears in 1 contract

Samples: Indenture (Timberwest Forest Corp)

Mutilation, Loss, Theft or Destruction. In case any of the Note Notes issued hereunder thereunder shall become be mutilated or be lost, stolen or destroyed, the Corporation, in its discretion, may issue, and thereupon the Note Trustee shall certify and delivercertify, a new Note upon surrender and cancellation of the mutilated Note, or in the case of a lost, stolen or destroyed Note, in lieu of and in substitution for the same, and the substituted Note shall be in a form approved by the Note Trustee and shall be entitled to the benefits of this Note Indenture and rank equally in accordance with its terms with the previous Note all other Notes issued hereunder. The new or substituted Note may have endorsed upon it the fact that it is in replacement of a previous Noteto be issued thereunder without preference or priority one over another. In case of loss, theft or destruction destruction, the applicant for a substituted Note shall furnish to the Corporation and to the Note Trustee such evidence of the such loss, theft or destruction of the Note and such other documents as shall be satisfactory to them in their discretion and shall also furnish a an indemnity and surety bond and an indemnity satisfactory to them in their discretion. The applicant shall pay all reasonable charges and expenses incidental to the issuance of any substituted Note, including charges and expenses of the Corporation and the Trustee.

Appears in 1 contract

Samples: Note Indenture (Enterra Energy Trust)

AutoNDA by SimpleDocs

Mutilation, Loss, Theft or Destruction. In case any of the Note Notes issued hereunder shall become mutilated or be lost, stolen or destroyed, the Corporation, in its discretion, may issue, and thereupon the Note Trustee shall certify and deliver, a new Note upon surrender and cancellation of the mutilated Note, or in the case of a lost, stolen or destroyed Note, in lieu of and in substitution for the same, and the substituted Note shall be in a form approved by the Note Trustee and shall be entitled to the benefits of this Indenture and rank equally in accordance with its terms with the previous Note all other Notes issued or to be issued hereunder. The new or substituted Note may have endorsed upon it the fact that it is in replacement of a previous Note. In case of loss, theft or destruction the applicant for a substituted Note shall furnish to the Corporation and to the Note Trustee such evidence of the loss, theft or destruction of the Note and such other documents as shall be satisfactory to them in their discretion and shall also furnish a surety bond and an indemnity satisfactory to them in their discretion. The applicant shall pay all reasonable expenses incidental to the issuance of any substituted Note.

Appears in 1 contract

Samples: Trust Indenture (Theratechnologies Inc.)

Mutilation, Loss, Theft or Destruction. In case any of the Note Notes issued hereunder shall become mutilated or be lost, stolen or destroyed, the CorporationIssuer, in its discretion, may issue, and thereupon the Note Trustee shall certify and deliver, a new Note upon surrender and cancellation of the mutilated Note, or in the case of a lost, stolen or destroyed Note, in lieu of and in substitution for the same, and the substituted Note shall be in a form approved by the Note Trustee and shall be entitled to the benefits of this Indenture and rank equally in accordance with its terms with the previous Note all other Notes issued or to be issued hereunder. The new or substituted Note may have endorsed upon it the fact that it is in replacement of a previous Note. In case of loss, theft or destruction the applicant for a substituted Note shall furnish to the Corporation Issuer and to the Note Trustee such evidence of the loss, theft or destruction of the Note and such other documents as shall be satisfactory to them in their discretion and shall also furnish a an indemnity and surety bond and an indemnity satisfactory to them in their discretion. The applicant shall pay all reasonable expenses incidental to the issuance of any substituted Note.

Appears in 1 contract

Samples: Trust Indenture (Perpetual Energy Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.