Replacement Instruments. Clause 5 shall not apply to Book Entry Instruments.
5.1 The Issue and Paying Agent or, as the case may be in respect of any Instruments, the Paying Agent or the Registrar named in the relevant Final Terms (in such capacity the Replacement Agent) shall, upon and in accordance with the instructions (which instructions may, without limitation, include terms as to the payment of expenses and as to evidence, security and indemnity) of the Issuer but not otherwise, authenticate and deliver a Temporary Global Instrument, Permanent Global Instrument, Definitive Instrument, Receipt, Coupon or Registered Global Instrument, as the case may be, as a replacement for any of the same which has been mutilated or defaced or which has or has been alleged to have been destroyed, stolen or lost provided that no Temporary Global Instrument, Permanent Global Instrument, Definitive Instrument, Receipt, Coupon or Registered Global Instrument, as the case may be, shall be delivered as a replacement for any of the same which has been mutilated or defaced otherwise than against surrender of the same.
5.2 Each replacement Temporary Global Instrument, Permanent Global Instrument, Definitive Instrument, Receipt, Coupon or Registered Global Instrument delivered hereunder shall bear a unique serial number and be in a form otherwise identical to the Instrument it so replaces.
5.3 The Replacement Agent shall cancel each mutilated or defaced Temporary Global Instrument, Permanent Global Instrument, Definitive Instrument, Receipt, Coupon or Registered Global Instrument surrendered to it and in respect of which a replacement has been delivered.
5.4 The Replacement Agent shall notify the Issuer, the Trustee and (in the case of Bearer Instruments) the other Paying Agents or (in the case of Registered Instruments) the Registrar of the delivery by it in accordance herewith of any replacement Temporary Global Instrument, Permanent Global Instrument, Definitive Instrument, Receipt, Coupon or Registered Global Instrument, specifying the serial number thereof and the serial number (if any and if known) of the Instrument which it replaces and confirming (if such be the case) that the Instrument which it replaces has been cancelled.
5.5 Unless the Issuer instructs otherwise, the Replacement Agent shall destroy each mutilated or defaced Temporary Global Instrument, Permanent Global Instrument, Definitive Instrument, Receipt, Coupon or Registered Global Instrument surrendered to and cancelled by it and i...
Replacement Instruments. As of the Closing, all outstanding instruments evidencing Warrants shall automatically be deemed to evidence PubCo Warrants reflecting the adjustment to the terms and conditions described herein and in Section 4.5 of the Warrant Agreement. Following the Closing, upon request by any holder of a PubCo Warrant, PubCo shall issue a new instrument for such PubCo Warrant to the holder thereof.
Replacement Instruments. Following the Closing, upon request by any holder of a Warrant, New DraftKings shall issue a new instrument for such Warrant reflecting the adjustment to the terms and conditions described herein and in Section 4.4 of the Warrant Agreement.
Replacement Instruments. Upon receipt of an affidavit and statement of indemnification of an officer of the Agent or any Bank as to the loss, theft, destruction or mutilation of any Revolving Credit Note or other Security Document, and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Revolving Credit Note, the Borrower shall issue, in lieu thereof, a replacement Revolving Credit Note or Security Document, as the case may be, in the same principal amount thereof and otherwise of like tenor.
Replacement Instruments. As of the Closing, all outstanding instruments evidencing Warrants shall automatically be deemed to evidence Algoma Warrants reflecting the conversion and adjustment to the terms and conditions described herein and in Section 4.5 of the Warrant Agreement. Following the Closing, upon request by any holder of a Algoma Warrant, Algoma shall issue a new instrument for such Algoma Warrant to the holder thereof.
Replacement Instruments. Following the Closing, upon request by any holder of a Warrant, Holdings shall issue a new instrument for such Warrant reflecting the adjustment to the terms and conditions described herein and in Section 4.5 of the Warrant Agreement.
Replacement Instruments. As of the Closing, all outstanding instruments evidencing Warrants shall automatically be deemed to evidence Lion Warrants reflecting the conversion and adjustment to the terms and conditions described herein and in Section 4.5 of the Warrant Agreement. Following the Closing, upon request by any holder of a Lion Warrant, Lion shall issue a new instrument for such Lion Warrant to the holder thereof.
Replacement Instruments. From and after the Closing, upon request by any holder of a Warrant, ReNew Global shall issue a new certificate for such Warrant reflecting the adjustment to the terms and conditions described herein.
Replacement Instruments. From and after the Effective Time, upon request by any holder of a Warrant, PubCo shall issue a new instrument representing a Converted Warrant reflecting the adjustment to the terms and conditions described herein and in Section 4.5 of the Warrant Agreement.
Replacement Instruments. 9.1 The Fiscal Agent, or as the case may be, the Registrar shall, upon and in accordance with the instructions (which instructions may, without limitation, include terms as to the payment of expenses and as to evidence, security and indemnity) of the Issuer but not otherwise, authenticate (if necessary) and deliver a Registered Instrument as a replacement for any of the same which has been mutilated or defaced or which has or has been alleged to have been destroyed, stolen or lost provided that no Registered Instrument shall be delivered as a replacement for any of the same which has been mutilated or defaced otherwise than against surrender of the same.
9.2 Each replacement Registered Instrument delivered hereunder shall bear a unique serial number.
9.3 The Registrar shall cancel and destroy each mutilated or defaced Registered Instrument surrendered to it and in respect of which a replacement has been delivered.
9.4 The Registrar shall notify the Issuer of the delivery by it in accordance herewith of any replacement Registered Instrument, specifying the serial number thereof and the serial number (if any and if known) of the Instrument which it replaces and confirming (if such be the case) that the Instrument which it replaces has been cancelled or destroyed.
9.5 The Issuer shall ensure that the Registrar has available to it supplies of such Registered Instruments, as the case may be, as shall be necessary to the delivery of replacement Instruments under this Clause 9.
