Common use of Replacement of Debentures Clause in Contracts

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.

Appears in 1 contract

Samples: Trust Indenture (MDC Partners Inc)

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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)destroyed, 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 the Holder thereof 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, theft or 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 and surety bond in amount and form satisfactory to them the Corporation and the Trustee in their discretion. The applicant shall pay all reasonable expenses incidental to the issuance of any such new Debenture.

Appears in 1 contract

Samples: Trust Indenture (Dakota Mining Corp)

Replacement of Debentures. (1) If 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 good faith purchaser within the meaning of the Business Corporations Act (Ontario)destroyed, the Corporation in its discretion may issue, shall issue and thereupon the Trustee shall certify and deliver, deliver a new Debenture upon surrender of like date and cancellation of tenor and bearing the mutilated Debenturesame legends, orif any, in as the case of a one mutilated, defaced, lost, stolen or destroyed Debenturein exchange for, in place of and upon cancellation of such mutilated or defaced Debenture or in lieu of and in substitution for the samesuch lost, and the substituted stolen or destroyed Debenture. The new Debenture shall be in a form approved by the Trustee and shall be entitled to the benefits of this Indenture benefit hereof and shall rank equally in accordance with its terms with all other Debentures issued or to be issued hereunder. In . (2) The applicant for the issue of a new Debenture shall bear the cost of the issue thereof and in case of loss, theftdestruction or theft shall, destruction as a condition precedent to the applicant for a new Debenture shall issue thereof, furnish to the Corporation and to the Trustee such evidence of such ownership and of the loss, destruction or theft of the Debenture so lost, destroyed or destruction stolen as shall be satisfactory to them the Corporation and the Trustee in their discretion and such applicant shall also be required to furnish an indemnity in amount and form satisfactory to them the Corporation and the Trustee in their discretion. The applicant , and shall pay all expenses incidental to the issuance reasonable charges of any such new Debenturethe Corporation and the Trustee in connection therewith.

Appears in 1 contract

Samples: Indenture (Amvescap PLC/London/)

Replacement of Debentures. If (1) In case any of the Debentures Debenture shall become mutilated or be lost, destroyed or stolen or destroyed and in the absence of notice that such Debentures have Debenture has been acquired by a good faith purchaser within the meaning of the Business Corporations Act (Ontario), the Corporation in its discretion may shall issue, and thereupon the Trustee shall certify and deliver, a new Debenture of like tenor as the one mutilated, lost, destroyed or stolen in exchange for and upon surrender and cancellation of the such mutilated Debenture, or, in the case of a lost, stolen Debenture or destroyed Debenture, in lieu of and in substitution for the samesuch lost, destroyed or stolen Debenture, and the substituted new Debenture shall be in a form approved by the Trustee and shall be entitled to the benefits of this Indenture benefit hereof and rank equally in accordance with its terms with all other Debentures issued or Debentures. (2) The applicant for the issue of a new Debenture pursuant to be issued hereunder. In this Section 2.7 shall bear the cost of the issue thereof and in case of loss, theftdestruction or theft shall, destruction as a condition precedent to the applicant for a new Debenture shall issue thereof, furnish to the Corporation and to the Trustee such evidence of such ownership and of the loss, destruction or theft of the Debenture so lost, destroyed or destruction stolen as shall be satisfactory to them the Corporation in their its discretion and such applicant shall also furnish an indemnity in amount and form satisfactory to them the Corporation in their its discretion. The applicant , and shall pay all expenses incidental to the issuance reasonable charges of any such new Debenturethe Corporation and the Trustee or other registrar in connection therewith.

Appears in 1 contract

Samples: Trust Indenture (Enron Corp/Or/)

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Replacement of Debentures. If any of the Debentures Debenture shall become mutilated or be lost, stolen or destroyed and in the absence of notice that such Debentures have Debenture has been acquired by a good faith purchaser within the meaning of the Business Corporations Act (Ontario), the Corporation in its discretion may shall, subject to the applicant for a new Debenture complying with the provisions of this section 2.12, issue, and thereupon the Trustee shall certify and deliverdeliver to such applicant, 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 new 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 cases of loss, thefttheft or destruction, 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.

Appears in 1 contract

Samples: Trust Indenture (Certicom Corp)

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