Replacement Bonds. In the event that any Bond is not delivered due to any occurrence, act or event beyond the control of the Depositor and of the Trustee (such a Bond being herein called a "Special Bond"), the Depositor may so certify to the Trustee and instruct the Trustee to purchase Replacement Bonds which have been selected by the Depositor having a cost and an aggregate principal amount not in excess of the cost and aggregate principal amount of the Special Bonds not so delivered. To be eligible for inclusion in the Trust, the Replacement Bonds which the Depositor selects must: (i) for Trusts containing municipal bonds, yield current interest which is exempt from taxation for federal income tax purposes and, if the Trust is a State Trust, exempt from taxation under the personal income tax law of the particular state involved; (ii) have a fixed maturity or disposition date comparable to the bonds replaced; (iii) be purchased at a price that results in a yield to maturity and in a current return, in each case as of the execution and delivery of the applicable Reference Trust Agreement, which is approximately equivalent to the yield maturity and current return of the Special Bonds which failed to be delivered and for which the Replacement Bonds are substituted; (iv) be purchased within twenty days after delivery of notice of the failed contract to the Trustee or to the Depositor, whichever occurs first and (v) be of comparable credit quality to the Special Bond which failed to be delivered. Any Replacement Bonds received by the Trustee shall be deposited hereunder and shall be subject to the terms and conditions of this Indenture to the same extent as other Bonds deposited hereunder. No such deposit of Replacement Bonds shall be made after the earlier of (i) 90 days after the date of execution and delivery of the applicable Reference Trust Agreement or (ii) the first Distribution Date to occur after the date of execution and delivery of the applicable Reference Trust Agreement.
(25) Article III is hereby amended by adding the following Section 3.19:
Replacement Bonds. Buyer shall have obtained, or caused to be obtained, in the name of Buyer or its designee, replacements for Seller’s and/or its Affiliates’ bonds, letters of credit and guarantees, and such other bonds, letters of credit and guarantees to the extent required by Section 6.3.
Replacement Bonds. If a Certificate is lost or mutilated, the Bondholder shall notify the Issuer as soon as practicable and a replacement Certificate shall be issued if the Bondholder provides the Issuer with: (a) the mutilated Certificate (if available); and (b) a declaration by the Bondholder or its officer that the Certificate had been lost or mutilated (as the case may be) or other evidence that the Certificate had been lost or mutilated. Any Certificate replaced in accordance with this Condition shall forthwith be cancelled. All reasonable administrative costs and expenses associated with the preparation, issue and delivery of a replacement Certificate for any Bond shall be borne by the relevant Bondholder.
Replacement Bonds. After Closing, the Buyer shall promptly replace bonds as set forth in SCHEDULE 6 (d) posted by the Seller with the Minerals Management Service with respect to the Assets.
Replacement Bonds. If at any time the Owner, for justifiable cause, shall be or become dissatisfied with any Surety as providers of the required Performance Bond or the Payment Bond, the Contractor shall within five (5) calendar days after being notified by the Owner, substitute an acceptable bond in the form and sum and signed by such other Surety as may be satisfactory to the Owner. The premiums on such Bonds shall be paid by the Contractor. No further progress payments to the Contractor shall be deemed due or payable until acceptable bonds are furnished. The new bond amount shall be for the remaining balance of the Agreement. In the event that the Contractor is unable to obtain a new bond, the Owner may obtain the bond and charge the Contractor for the cost required to obtain said bond. Owner shall have the right to demand reimbursement for any cost or automatically deduct the cost of the bond from the cost of the work without a Change Order. The new bond amount shall be for the remaining balance of the contract.
Replacement Bonds. The Paying Agent, at the direction of the Borrower, shall deliver replacement Bonds bearing the Fixed Interest Rate with deletion of such terms as are no longer applicable. Any such replacement Bonds shall be executed and authenticated as provided in Sections 2.03 and 2.04 herein. Notwithstanding anything herein to the contrary, any replacement Bonds shall be in $5,000 denominations or integral multiples thereof.
Replacement Bonds. (a) If any Bond at any time becomes mutilated, defaced, destroyed, stolen or lost, such Bond may be replaced at the cost of the applicant (including reasonable legal fees of the Company, the Trustee, the Transfer Agents, the Registrar and the Paying Agents) at the office of the Trustee or any Transfer Agent, upon provision of, in the case of destroyed, stolen or lost Bonds, evidence satisfactory to the Trustee and the Company that such Bond was destroyed, stolen or lost, together with such indemnity as the Trustee and the Company may require. Mutilated or defaced Bonds must be surrendered before replacements shall be issued.
(b) Each Bond authenticated and delivered in exchange for or in lieu of any such Bond shall carry rights to accrued and unpaid interest and to interest to accrue equivalent to the rights that were carried by such Bond before such Bond was mutilated, defaced, destroyed, stolen or lost.
(c) Every replacement Bond is an additional obligation of the Company and shall be entitled to the benefits of this indenture.
Replacement Bonds. (a) Upon receipt by the Registrar of evidence satisfactory to it of the loss, theft, destruction or mutilation of any Bond and of indemnity, if required, reasonably satisfactory to the Trustee, the Issuer and the Borrower and upon surrender and cancellation of such Bond, if mutilated, the Issuer shall execute, and the Registrar shall authenticate and deliver, a new Bond of the same maturity and like tenor and bearing a different number, in lieu of such lost, stolen, destroyed or mutilated Bond. Such new Bond may bear such endorsement or distinguishing xxxx as may be agreed upon by the Issuer and the Registrar. The Issuer, the Trustee and/or the Registrar may require the payment of a sum sufficient to reimburse it for all reasonable expenses and fees incurred by it in connection with the issuance of each new Bond under this Section 2.08, including any indemnity required by the Issuer, the Trustee and/or the Registrar, reasonable fees and expenses of counsel and the charges of the Registrar.
(b) Bonds executed by the Issuer and authenticated and delivered by the Registrar in lieu of any lost, stolen or destroyed Bonds shall evidence and represent the identical obligations which, prior thereto, were evidenced and represented by the Bond with respect to which they are executed, authenticated and delivered, all without novation of any rights, obligations or liens pertaining thereto.
(c) In the event that any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or is about to become due and payable, the Registrar in its discretion may, instead of issuing a replacement Bond, direct the Paying Agent to pay such Bond.
Replacement Bonds. 19 Section 2.10
Replacement Bonds. If any mutilated Bond is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Bond, the Company shall issue and the Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Bond if the Trustee's requirements are met. If required by the Trustee or the Company, an indemnity Bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Bond is replaced. The Company and the Trustee may charge for their expenses in replacing a Bond. Every replacement Bond is an additional obligation of the Company and shall be entitled to all of the benefits of this Indenture equally and proportionately with all other Bonds duly issued hereunder.
