Replacement of Certificates. In case any Certificate shall become mutilated or be destroyed, stolen or lost, the Trustee shall execute and deliver a new Certificate in exchange and substitution therefor upon the Unitholder's furnishing the Trustee with proper identification and satisfactory indemnity, complying with such other reasonable regulations and conditions as the Trustee may prescribe and paying such expenses as the Trustee may incur, provided, however, that if the particular Trust has terminated or is in the process of termination, the Trustee, in lieu of issuing such new Certificate, may, upon the terms and conditions set forth herein, make the distributions set forth in Section 9.02 hereof. Any mutilated Certificate shall be duly surrendered and cancelled before any duplicate Certificate shall be issued in exchange and substitution therefor. Any duplicate Certificate issued pursuant to this Section 5.07 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. Upon issuance of any duplicate Certificate pursuant to this Section 5.07, the Certificate claimed to have been lost, stolen or destroyed shall become null and void and of no effect, and any bona fide purchaser thereof shall have only such rights as are afforded under Article 8 of the Uniform Commercial Code to a holder presenting a Certificate for transfer in the case of an over issue.
Appears in 30 contracts
Samples: Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 640), Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 219), Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 595)
Replacement of Certificates. In case any Certificate shall become mutilated or be destroyed, stolen or lost, the Trustee shall execute and deliver a new Certificate in exchange and substitution therefor upon the Unitholder's furnishing the Trustee with proper identification and satisfactory indemnity, complying with such other reasonable regulations and conditions as the Trustee may prescribe and paying such expenses as the Trustee may incur, providedPROVIDED, howeverHOWEVER, that if the particular Trust has terminated or is in the process of termination, the Trustee, in lieu of issuing such new Certificate, may, upon the terms and conditions set forth herein, make the distributions set forth in Section 9.02 hereof. Any mutilated Certificate shall be duly surrendered and cancelled before any duplicate Certificate shall be issued in exchange and substitution therefor. Any duplicate Certificate issued pursuant to this Section 5.07 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. Upon issuance of any duplicate Certificate pursuant to this Section 5.07, the Certificate claimed to have been lost, stolen or destroyed shall become null and void and of no effect, and any bona fide purchaser thereof shall have only such rights as are afforded under Article 8 of the Uniform Commercial Code to a holder presenting a Certificate for transfer in the case of an over issue.
Appears in 13 contracts
Samples: Reference Trust Agreement (Claymore Securities Defined Portfolios Series 135), Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 196), Reference Trust Agreement (Claymore Securities Defined Portfolios Series 144)
Replacement of Certificates. In case any Certificate shall become mutilated or be destroyed, stolen or lost, the Trustee shall execute and deliver a new Certificate in exchange and substitution therefor upon the Unitholder's furnishing the Trustee with proper identification and satisfactory indemnity, complying with such other reasonable regulations and conditions as the Trustee may prescribe and paying such expenses as the Trustee may incur, providedPROVIDED, howeverHOWEVER, that if the particular Trust Fund has terminated or is in the process of termination, the Trustee, in lieu of issuing such new Certificate, may, upon the terms and conditions set forth herein, make the distributions set forth in Section 9.02 9.01 hereof. Any mutilated Certificate shall be duly surrendered and cancelled before any duplicate Certificate shall be issued in exchange and substitution therefor. Any duplicate Certificate issued pursuant to this Section 5.07 6.03 shall constitute complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. Upon issuance of any duplicate Certificate pursuant to this Section 5.076.03, the Certificate claimed to have been lost, stolen or destroyed shall become null and void and of no effect, and any bona fide purchaser thereof shall have only such rights as are afforded under Article 8 of the Uniform Commercial Code to a holder presenting a Certificate for transfer in the case of an over issueoverissue.
Appears in 3 contracts
Samples: Voyageur Unit Investment Trust Series 4, Voyageur Unit Investment Trust Series 9, Nuveen Unit Trusts Series 4
Replacement of Certificates. In case any Certificate shall become mutilated or be destroyed, stolen or lost, the Trustee shall execute and deliver a new Certificate in exchange and substitution therefor upon the Unitholder's furnishing the Trustee with proper identification and satisfactory indemnity, complying with such other reasonable regulations and conditions as the Trustee may prescribe and paying such expenses as the Trustee may incur, provided, however, that if the particular Trust Fund has terminated or is in the process of termination, the Trustee, in lieu of issuing such new Certificate, may, upon the terms and conditions set forth herein, make the distributions set forth in Section 9.02 9.01 hereof. Any mutilated Certificate shall be duly surrendered and cancelled before any duplicate Certificate shall be issued in exchange and substitution therefor. Any duplicate Certificate issued pursuant to this Section 5.07 6.03 shall constitute complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. Upon issuance of any duplicate Certificate pursuant to this Section 5.076.03, the Certificate claimed to have been lost, stolen or destroyed shall become null and void and of no effect, and any bona fide purchaser thereof shall have only such rights as are afforded under Article 8 of the Uniform Commercial Code to a holder presenting a Certificate for transfer in the case of an over issueoverissue.
Appears in 2 contracts
Samples: Voyageur Unit Investment Trust Series 10, Voyageur Tax Exempt Trust Series 5
Replacement of Certificates. In case any Certificate shall become mutilated or be destroyed, stolen or lost, the Trustee shall execute and deliver a new Certificate in exchange and substitution therefor upon the Unitholder's furnishing the Trustee with proper identification and satisfactory indemnity, complying with such other reasonable regulations and conditions as the Trustee may prescribe and paying such expenses as the Trustee may incur, provided, however, that if the particular Trust Fund has terminated or is in the process of termination, the Trustee, in lieu of issuing such new Certificate, may, upon the terms and conditions set forth herein, make the distributions set forth in Section 9.02 9.01 hereof. Any mutilated Certificate shall be duly surrendered and cancelled before any duplicate Certificate shall be issued in exchange and substitution therefor. Any duplicate Certificate issued pursuant to this Section 5.07 6.03 shall constitute complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. Upon issuance of any duplicate Certificate pursuant to this Section 5.076.03, the Certificate claimed to have been lost, stolen or destroyed shall become null and void and of no effect, and any bona fide purchaser thereof shall have only such rights as are afforded under Article 8 of the Uniform Commercial Code to a holder presenting a Certificate for transfer in the case of an over issue.
Appears in 2 contracts
Samples: Nuveen Unit Trusts Series 103, Nuveen Unit Trusts Series 104
Replacement of Certificates. In case any Certificate shall become mutilated or be destroyed, stolen or lost, the Trustee Paying Agent shall execute and deliver a new Certificate in exchange and substitution therefor upon the Unitholder's Holder’s furnishing the Trustee Paying Agent with proper identification and satisfactory indemnityindemnity of the Shareholders, the Trust, the Trustees and the Paying Agent, complying with such other reasonable regulations and conditions as the Trustee Shareholders, the Trust, the Trustees and the Paying Agent may prescribe and paying such expenses and charges, including any bonding fee, as the Trustee Paying Agent may incur, incur or reasonably impose; provided, however, that if the particular Trust has terminated or is in the process of terminationterminating, the TrusteePaying Agent, in lieu of issuing such new Certificate, may, upon the terms and conditions set forth herein, make the distributions set forth in Section 9.02 hereof8.3(c). Any mutilated Certificate shall be duly surrendered and cancelled canceled before any duplicate Certificate shall be issued in exchange and substitution therefor. Any duplicate Certificate issued pursuant to this Section 5.07 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. Upon issuance of any duplicate Certificate pursuant to this Section 5.075.3, the original Certificate claimed to have been lost, stolen or destroyed shall become null and void and of no effect, and any bona fide purchaser thereof shall have only such rights as are afforded under Article 8 of the Uniform Commercial Code as in effect in the State of New York to a holder Holder presenting a Certificate for transfer in the case of an over issueoverissue.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement (2017 Mandatory Exchangeable Trust)
Replacement of Certificates. In case any Certificate shall become mutilated or be destroyed, stolen or lost, the Trustee Paying Agent shall execute and deliver a new Certificate in exchange and substitution therefor upon the Unitholder's Holder’s furnishing the Trustee Paying Agent with proper identification and satisfactory indemnityindemnity of the Shareholder, the Trust, the Trustees and the Paying Agent, complying with such other reasonable regulations and conditions as the Trustee Shareholder, the Trust, the Trustees and the Paying Agent may prescribe and paying such expenses and charges, including any bonding fee, as the Trustee Paying Agent may incur, incur or reasonably impose; provided, however, that if the particular Trust has terminated or is in the process of terminationterminating, the TrusteePaying Agent, in lieu of issuing such new Certificate, may, upon the terms and conditions set forth herein, make the distributions set forth in Section 9.02 hereof8.3(c). Any mutilated Certificate shall be duly surrendered and cancelled canceled before any duplicate Certificate shall be issued in exchange and substitution therefor. Any duplicate Certificate issued pursuant to this Section 5.07 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. Upon issuance of any duplicate Certificate pursuant to this Section 5.075.3, the original Certificate claimed to have been lost, stolen or destroyed shall become null and void and of no effect, and any bona fide purchaser thereof shall have only such rights as are afforded under Article 8 of the Uniform Commercial Code as in effect in the State of New York to a holder Holder presenting a Certificate for transfer in the case of an over issueoverissue.
Appears in 1 contract
Replacement of Certificates. In case any Certificate TrENDS shall become mutilated or be destroyed, stolen or lost, the Trustee TrENDS Registrar shall execute and deliver a new Certificate TrENDS in exchange and substitution therefor upon the Unitholderholder's furnishing the Trustee TrENDS Registrar with proper identification and indemnity satisfactory indemnityto it, complying with such other reasonable regulations and conditions as the Trustee TrENDS Registrar may prescribe and paying such expenses and charges, including any bonding fee, as the Trustee TrENDS Registrar may incur, provided, however, incur or reasonably impose; provided that if the particular Trust has terminated or is in the process of terminationterminating, the Regular Trustee, on behalf of the Trust, in lieu of issuing such new CertificateTrENDS, may, upon the terms and conditions set forth herein, make the distributions set forth in Section 9.02 3.3 hereof. Any mutilated Certificate TrENDS shall be duly surrendered and cancelled canceled before any duplicate Certificate TrENDS shall be issued in exchange and substitution therefor. Any duplicate Certificate issued pursuant to this Section 5.07 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. Upon issuance of any duplicate Certificate TrENDS pursuant to this Section 5.075.6 hereof, the Certificate original TrENDS claimed to have been lost, stolen or destroyed shall become null and void and of no effect, and any bona fide purchaser thereof shall have only such rights as are afforded under Article 8 of the Uniform Commercial Code to a holder presenting a Certificate TrENDS for transfer in the case of an over issue.
Appears in 1 contract
Samples: Trust Agreement (Anschutz Philip F)
Replacement of Certificates. In case any Certificate shall become mutilated or be destroyed, stolen or lost, the Trustee Paying Agent shall execute and deliver a new Certificate in exchange and substitution therefor upon the Unitholder's Holder’s furnishing the Trustee Paying Agent with proper identification and satisfactory indemnityindemnity of the Seller, the Trust, the Trustees and the Paying Agent, complying with such other reasonable regulations and conditions as the Trustee Seller, the Trust, the Trustees and the Paying Agent may prescribe and paying such expenses and charges, including any bonding fee, as the Trustee Paying Agent may incur, incur or reasonably impose; provided, however, that if the particular Trust has terminated or is in the process of terminationterminating, the TrusteePaying Agent, in lieu of issuing such new Certificate, may, upon the terms and conditions set forth herein, make the distributions set forth in Section 9.02 hereof8.3(c). Any mutilated Certificate shall be duly surrendered and cancelled canceled before any duplicate Certificate shall be issued in exchange and substitution therefor. Any duplicate Certificate issued pursuant to this Section 5.07 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. Upon issuance of any duplicate Certificate pursuant to this Section 5.075.3, the original Certificate claimed to have been lost, stolen or destroyed shall become null and void and of no effect, and any bona fide purchaser thereof shall have only such rights as are afforded under Article 8 of the Uniform Commercial Code as in effect in the State of New York to a holder Holder presenting a Certificate for transfer in the case of an over issueoverissue.
Appears in 1 contract
Samples: Trust Agreement (2009 Dole Food Automatic Common Exchange Security Trust)
Replacement of Certificates. In case any Certificate shall become mutilated or be destroyed, stolen or lost, the Trustee Paying Agent shall execute and deliver a new Certificate in exchange and substitution therefor upon the Unitholder's Holder’s furnishing the Trustee Paying Agent with proper identification and satisfactory indemnityindemnity of the Sellers, the Trust, the Trustees and the Paying Agent, complying with such other reasonable regulations and conditions as the Trustee Sellers, the Trust, the Trustees and the Paying Agent may prescribe and paying such expenses and charges, including any bonding fee, as the Trustee Paying Agent may incur, incur or reasonably impose; provided, however, that if the particular Trust has terminated or is in the process of terminationterminating, the TrusteePaying Agent, in lieu of issuing such new Certificate, may, upon the terms and conditions set forth herein, make the distributions set forth in Section 9.02 hereof8.3(c). Any mutilated Certificate shall be duly surrendered and cancelled canceled before any duplicate Certificate shall be issued in exchange and substitution therefor. Any duplicate Certificate issued pursuant to this Section 5.07 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. Upon issuance of any duplicate Certificate pursuant to this Section 5.075.3, the original Certificate claimed to have been lost, stolen or destroyed shall become null and void and of no effect, and any bona fide purchaser thereof shall have only such rights as are afforded under Article 8 of the Uniform Commercial Code as in effect in the State of New York to a holder Holder presenting a Certificate for transfer in the case of an over issueoverissue.
Appears in 1 contract
Samples: Trust Agreement (2010 Swift Mandatory Common Exchange Security Trust)
Replacement of Certificates. In case any Certificate shall become mutilated or be destroyed, stolen or lost, the Trustee shall execute and deliver a new Certificate in exchange and substitution therefor upon the Unitholder's furnishing the Trustee with proper identification and satisfactory indemnity, complying with such other reasonable regulations and conditions as the Trustee may prescribe and paying such expenses as the Trustee may incur, provided, however, that if the particular Trust Fund has terminated or is in the process of termination, the Trustee, in lieu of issuing such new Certificate, may, upon the terms and conditions set forth herein, make the distributions set forth in Section 9.02 9.01 hereof. Any mutilated Certificate shall be duly surrendered and cancelled canceled before any duplicate Certificate shall be issued in exchange and substitution therefor. Any duplicate Certificate issued pursuant to this Section 5.07 6.03 shall constitute complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. Upon issuance of any duplicate Certificate pursuant to this Section 5.076.03, the Certificate claimed to have been lost, stolen or destroyed shall become null and void and of no effect, and any bona fide purchaser thereof shall have only such rights as are afforded under Article 8 of the Uniform Commercial Code to a holder presenting a Certificate for transfer in the case of an over issueoverissue.
Appears in 1 contract
Samples: Voyageur Tax Exempt Trust Series 10