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

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

Appears in 2 contracts

Samples: Security Agreement (Red Mile Entertainment Inc), Security Agreement (Red Mile Entertainment Inc)

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

Appears in 1 contract

Samples: Trust Indenture (Wi-Lan Inc.)

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Mutilation, Loss, Theft or Destruction. In case any of the Debentures, whether a Global Debenture or a Fully Registered Debenture, issued hereunder shall become mutilated or be lost, stolen or destroyed, the CorporationCompany, in its discretion, may issue, and thereupon the Debenture Trustee shall certify and deliver, a new Debenture upon surrender and cancellation of the mutilated Debenture, or in the case of a lost, stolen or destroyed Debenture, in lieu of and in substitution for the same, and the substituted Debenture shall be in a form approved by the Debenture Trustee and shall be entitled to the benefits of this Indenture and rank equally in accordance with its terms with all other Debentures issued or to be issued hereunder. In case of loss, theft or destruction the applicant for a substituted Debenture shall furnish to the Corporation Company and to the Debenture Trustee such evidence of the loss, theft or destruction of the Debenture as shall be satisfactory to them in their discretion and shall also furnish an indemnity and/ or bond in such form and amount as is satisfactory to the Corporation them in their discretion and any other documents required by the Debenture TrusteeTrustee in their discretion. The applicant shall pay all reasonable expenses incidental to the issuance of any substituted Debenture.

Appears in 1 contract

Samples: Trust Indenture (Canadian Satellite Radio Holdings Inc.)

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