Replacement of Lost Notes. Upon receipt of evidence reasonably satisfactory to the Company of the mutilation, destruction, loss or theft of any Notes and the ownership thereof, the Company shall, upon the written request of the holder of such Notes, execute and deliver in replacement thereof new Securities in the same form, in the same original principal amount and dated the same date as the Notes so mutilated, destroyed, lost or stolen; and such Notes so mutilated, destroyed, lost or stolen shall then be deemed no longer outstanding hereunder. If the Notes being replaced have been mutilated, they shall be surrendered to the Company; and if such replaced Notes have been destroyed, lost or stolen, such holder shall furnish the Company with an indemnity in writing to save it harmless in respect of such replaced Note.
Appears in 5 contracts
Samples: Convertible Note Purchase Agreement (CNH Holdings Co), Letter of Credit Security Commitment Agreement (Hunt William O), Convertible Note Purchase Agreement (Cistera Networks, Inc.)
Replacement of Lost Notes. Upon receipt of evidence reasonably satisfactory to the Company of the mutilation, destruction, loss or theft of any Notes and the ownership thereof, the Company shall, upon the written request of the holder of such Notes, execute and deliver in replacement thereof new Securities Notes in the same form, in the same original principal amount and dated the same date as the Notes so mutilated, destroyed, lost or stolen; and such Notes so mutilated, destroyed, lost or stolen shall then be deemed no longer outstanding hereunder. If the Notes being replaced have been mutilated, they shall be surrendered to the Company; and if such replaced Notes have been destroyed, lost or stolen, such holder shall furnish the Company with an indemnity in writing to save it harmless in respect of such replaced Note.
Appears in 4 contracts
Samples: Subordinated Convertible Note Purchase Agreement (A4s Technologies Inc), Subordinated Convertible Note and Warrant Purchase Agreement (A4s Technologies Inc), Subordinated Convertible Note Purchase Agreement (A4s Technologies Inc)
Replacement of Lost Notes. Upon receipt of evidence reasonably satisfactory to the Company Borrower of the mutilation, destruction, loss or theft of any Notes Note and the ownership thereof, the Company Borrower shall, upon the written request of the holder of such NotesNote, execute and deliver in replacement thereof a new Securities Note in the same form, in the same original principal amount and dated the same date as the Notes Note so mutilated, destroyed, lost or stolen; and such Notes Note so mutilated, destroyed, lost or stolen shall then be deemed no longer outstanding hereunder. If the Notes Note being replaced have has been mutilated, they it shall be surrendered to the CompanyBorrower; and if such replaced Notes have Note has been destroyed, lost or stolen, such holder shall furnish the Company Borrower with an indemnity in writing to save it harmless in respect of such replaced Note.
Appears in 3 contracts
Samples: Credit Agreement (American Capital Senior Floating, Ltd.), Credit Agreement (CreditCards.com, Inc.), Credit Agreement (CreditCards.com, Inc.)
Replacement of Lost Notes. Upon receipt of evidence reasonably satisfactory to the Company of the mutilation, destruction, loss or theft of any Notes and the ownership thereof, the Company shall, upon the written request of the holder of such NotesNoteholders, execute and deliver in replacement thereof new Securities Notes in the same form, in the same original principal amount and dated the same date as the Notes so mutilated, destroyed, lost or stolen; and such Notes so mutilated, destroyed, lost or stolen shall then be deemed no longer outstanding hereunder. If the Notes being replaced have been mutilated, they shall be surrendered to the Company; and if such replaced Notes have been destroyed, lost or stolen, such holder shall furnish the Company with an indemnity in writing to save it harmless in respect of such replaced NoteNotes.
Appears in 2 contracts
Samples: Note Purchase Agreement (Darling International Inc), Note Purchase Agreement (Darling International Inc)
Replacement of Lost Notes. Upon receipt of evidence reasonably satisfactory to the Company Issuers of the mutilation, destruction, loss or theft of any Notes and the ownership thereof, the Company Issuers shall, upon the written request of the holder of such Notes, execute and deliver in replacement thereof new Securities Notes in the same form, in the same original principal amount and dated the same date as the Notes so mutilated, destroyed, lost or stolen; and such Notes so mutilated, destroyed, lost or stolen shall then be deemed no longer outstanding hereunder. If the Notes being replaced have been mutilated, they shall be surrendered to the CompanyIssuers; and if such replaced Notes have been destroyed, lost or stolen, such holder shall furnish the Company Issuers with an indemnity in writing to save it harmless in respect of such replaced Note.
Appears in 2 contracts
Samples: Note Purchase Agreement (Nautilus, Inc.), Note Purchase Agreement (Sherborne Investors GP, LLC)
Replacement of Lost Notes. Upon receipt of evidence reasonably satisfactory to the Company applicable Borrower of the mutilation, destruction, loss or theft of any Notes and the ownership thereof, the Company such Borrower shall, upon the written request of the holder of such Notes, execute and deliver in replacement thereof new Securities Notes in the same form, in the same original principal amount and dated the same date as the Notes so mutilated, destroyed, lost or stolen; and such Notes so mutilated, destroyed, lost or stolen shall then be deemed no longer outstanding hereunder. If the Notes being replaced have been mutilated, they shall be surrendered to the Companyapplicable Borrower; and if such replaced Notes have been destroyed, lost or stolen, such holder shall furnish the Company such Borrower with an indemnity in writing to save it harmless in respect of such replaced Note.
Appears in 1 contract
Replacement of Lost Notes. Upon receipt of evidence reasonably satisfactory to the Company of the mutilation, destruction, loss or theft of any Notes and the ownership thereof, the Company shall, upon the written request of the holder of such Notes, execute and deliver in replacement thereof new Securities Notes in the same form, in the same original principal amount and dated the same date as the Notes so mutilated, destroyed, lost or stolen; and such Notes so mutilated, destroyed, lost or stolen shall then be deemed no longer outstanding hereunder. If the Notes being replaced have been mutilated, they shall be surrendered to the Company; and if such replaced Notes have been destroyed, lost or stolen, such holder shall furnish the Company with an indemnity in writing to save it harmless in respect of such replaced Note.
Appears in 1 contract
Replacement of Lost Notes. Upon receipt of evidence reasonably satisfactory to the Company of the mutilation, destruction, loss or theft of any Notes and the ownership thereof, the Company shall, upon the written request of the holder Holder of such Notes, execute and deliver in replacement thereof new Securities Notes in the same form, in the same original principal amount and dated the same date as the Notes so mutilated, destroyed, lost or stolen; and such Notes so mutilated, destroyed, lost or stolen shall then be deemed no longer outstanding hereunder. If the Notes being replaced have been mutilated, they shall be surrendered to the Company; and if such replaced Notes have been destroyed, lost or stolen, such holder Holder shall furnish the Company with an indemnity in writing to save it harmless in respect of such replaced NoteNotes.
Appears in 1 contract
Samples: Securities Purchase Agreement (AGA Medical Holdings, Inc.)