Replacement of Debentures. If any certificate or instrument evidencing any Debentures is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Debentures.
Replacement of Debentures. Upon receipt by the Corporation of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of this Debenture, and (i) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it, or (ii) in the case of mutilation, upon surrender and cancellation thereof, the Corporation at its own expense shall execute and deliver, in lieu thereof, a new Debenture, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Debenture or dated the date of such lost, stolen, destroyed or mutilated Debenture if no interest shall have been paid thereon.
Replacement of Debentures. If any of the Debentures shall become mutilated or be lost, stolen or destroyed and in the absence of notice that such Debentures have been acquired by a good faith purchaser within the meaning of the Business Corporations Act (Ontario), the Corporation in its discretion may issue, and thereupon the 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 Trustee and shall be entitled to the benefits of this Indenture equally with all other Debentures issued or to be issued hereunder. In case of loss, theft, destruction the applicant for a new Debenture shall furnish to the Corporation and to the Trustee such evidence of such loss, theft or destruction as shall be satisfactory to them in their discretion and shall also furnish an indemnity in amount and form satisfactory to them in their discretion. The applicant shall pay all expenses incidental to the issuance of any such new Debenture.
Replacement of Debentures. (1) In case any Debenture is mutilated or lost, destroyed or stolen and in the absence of notice that such Debenture has been acquired by a bona fide purchaser (as defined in the CBCA), subject to Section 2.5(2), the Corporation shall issue, and thereupon the Issuing and Paying Agent shall certify and deliver without expense to the Debentureholder (except as provided in Section 4.3), a new Debenture of the same series and of like tenor as the one mutilated, lost, destroyed or stolen. The new Debenture shall be entitled to the benefit hereof and rank equally in accordance with its terms with all other Debentures. The new Debenture shall be dated the date of the most recent interest payment in respect of the Debentures of the same series or, if no such interest has yet been paid, shall be dated the date of issuance of the Debentures of the same series.
(2) The applicant for the issue of a new Debenture pursuant to this Section 2.5 in case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Corporation and to the Trustee such evidence of ownership and of the loss, destruction or theft of the Debenture so lost, destroyed or stolen as shall be satisfactory to the Corporation and the Trustee each in their discretion and such applicant shall also furnish an indemnity satisfactory to the Corporation and the Trustee each in their discretion and shall pay all reasonable expenses incidental to the issuance of such substituted Debentures.
(3) The applicant for the issue of a new Debenture pursuant to this Section 2.5 in the case of mutilation shall as a condition precedent to the issue thereof, return the mutilated Debenture to the Trustee.
Replacement of Debentures. Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Debenture and, in the case of any such loss, theft or destruction, upon delivery of an indemnity bond in such reasonable amount and form as the Company may determine (or, in the case of any Debenture held by you or another holder of Debentures, of an indemnity agreement from you or such other holder reasonably satisfactory to the Company), or, in the case of any such mutilation, upon the surrender of such Debenture for cancellation to the Company at its principal office, the Company at its expense will execute and deliver, in lieu thereof, a new Debenture of like tenor, dated so that there will be no loss of interest on such lost, stolen, destroyed or mutilated Debenture. Any Debenture in lieu of which any such new Debenture has been so executed and delivered by the Company shall not be deemed to be an outstanding Debenture for any purpose of this Agreement.
Replacement of Debentures. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Debenture (which evidence shall be, notice from Purchaser of such ownership and such loss, theft, destruction or mutilation), and
(a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Debenture is, or is a nominee for, an original Purchaser or is a "qualified institutional buyer" (as such term is defined in Rule 144A(a)(1) under the Securities Act), such Person's own unsecured agreement of indemnity shall be deemed to be satisfactory), or
(b) in the case of mutilation, upon surrender and cancellation thereof, the Company at its own expense shall execute and deliver, in lieu thereof, a new Debenture, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Debenture or dated the date of such lost, stolen, destroyed or mutilated Debenture if no interest shall have been paid thereon.
Replacement of Debentures. In case any of the Debentures shall become mutilated or defaced, or be lost, stolen or destroyed and in the absence of notice that such Debentures have been acquired by a bona fide purchaser (within the meaning of the Canada Business Corporations Act), the Company shall issue and thereupon the Trustee shall certify and deliver a new Debenture of like date and tenor as the one mutilated, defaced, lost, stolen or destroyed in exchange for and in place of and upon cancellation of such mutilated or defaced Debenture or in lieu of and in substitution for such lost, stolen or destroyed Debenture and the new Debenture shall be in a form approved by the Trustee and the new Debenture shall be entitled to the benefit hereof and rank equally in accordance with its terms with all other Debentures issued hereunder. The applicant for the issue of a new Debenture shall bear the cost of the issue thereof and in case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and the Trustee such evidence of ownership and of the loss, destruction or theft of the Debenture so lost, destroyed or stolen as shall be satisfactory to the Company and the Trustee in their discretion and such applicant may also be required to furnish indemnity in amount and form satisfactory to the Company and the Trustee in their discretion, and shall pay the reasonable charges of the Company and the Trustee in connection therewith.
Replacement of Debentures. Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Debenture and, in the case of any such loss, theft or destruction, upon delivery of an indemnity bond (or, in the sole discretion of the Company, an indemnity agreement satisfactory to the Company), reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Debenture, the Company at its expense will execute and deliver, in lieu thereof, a new Debenture of like tenor.
Replacement of Debentures. If any mutilated Debenture is surrendered to the Trustee or the Company, and the Trustee and the Company receive evidence to their satisfaction of the destruction, loss or theft of any Debenture, the Company shall issue, and the Trustee, upon the receipt of a Company Order, shall authenticate, a replacement Debenture 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 Debenture is replaced. The Company may charge for its expenses in replacing a Debenture. Every replacement Debenture 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 Debentures duly issued hereunder. The provisions of this Section 2.7 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement of mutilated, destroyed, lost or stolen Debentures.
Replacement of Debentures. The Borrower shall have issued ------------------------- Replacement Debentures which shall be issued pursuant to the Exchange Agreement.
