Common use of Replacement of Notes Clause in Contracts

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note, and (a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original Noteholder, 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 Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company Issuer of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note, and (a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder Holder of such Note is, or is a nominee for, an original Noteholderanother Holder with a minimum net worth of at least $5,000,000, such Person's ’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 Issuer at its own expense shall execute and deliver, in lieu thereof, a new Note of the same series, dated and, in the case of a Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company Issuer of evidence reasonably satisfactory to it notice from any Holder of the ownership of and the loss, theft, destruction or mutilation of any NoteNote held by such Holder, and and (a) in the case of loss, theft or destruction, of a lost note indemnity agreement reasonably satisfactory to it (provided that if the holder of such Note isIssuer and the Holder, or is a nominee for, an original Noteholder, such Person's own unsecured agreement of indemnity shall be deemed to be satisfactory), or or (b) in the case of mutilation, upon surrender and cancellation thereofthereof and, to the extent reasonably necessary, a lost note indemnity agreement reasonably satisfactory to the Issuer and the Holder, the Company Issuer at its own expense shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company at the address and to the attention of the designated officer (all as specified in Section 18(iii)) of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any NoteNote (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor 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 Note is, or is a nominee for, an original NoteholderPurchaser or another holder of a Note with a minimum net worth of at least $500,000,000, such Person's ’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or or (b) in the case of mutilation, upon surrender and cancellation thereof, the Company at its own expense shall execute and deliverdeliver within 10 Business Days, in lieu thereof, a new Noteof the same series and tranche, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any NoteNote (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor 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 Note is, or is a nominee for, an original Noteholder, such Person's own unsecured agreement of indemnity shall be deemed to be satisfactory), or or (b) in the case of mutilation, upon surrender and cancellation thereof, the Company Companies at its their own expense shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note, and (ai) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder Holder of such Note is, or is a nominee for, an original Noteholderanother Holder with a minimum net worth of at least $5,000,000, such Person's ’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or (bii) 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 Note of the same series, dated and, in the case of a Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any NoteNote (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor 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 (it; provided that that, if the holder of such Note is, or is a nominee for, an original Noteholderpurchaser of any of the Notes or any other Institutional Investor, such Person's own unsecured agreement of indemnity shall be deemed to be satisfactory), or or (b) in the case of mutilation, upon surrender and cancellation thereof, the Company Company, at its own expense expense, shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it (provided that if the holder of the Note is an Institutional Holder, its own certification shall be deemed to be satisfactory evidence) of the ownership of and the loss, theft, destruction or mutilation of any Note, Note and (a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such the Note isis an Institutional Holder, or is a nominee for, an original Noteholder, such Person's its own unsecured agreement of indemnity shall be deemed to be satisfactory), or (b) in the case of mutilation, upon surrender and cancellation thereofof the Note, the Company at its own expense shall will execute and deliver, in lieu thereof, deliver a new Note, dated and bearing interest from the date to which interest shall have has been paid on such the lost, stolen, destroyed or mutilated Note or dated the date of such the lost, stolen, destroyed or mutilated Note if no interest shall have has been paid thereon.

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note, and (a) and 1. in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (it; provided that that, if the holder of such Note is, or is a nominee for, an original Noteholderpurchaser of any of the Notes, such Person's own unsecured agreement of indemnity shall be deemed to be satisfactory), or (b) or 2. in the case of mutilation, upon surrender and cancellation thereof, the Company Company, at its their own expense expense, shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by each Issuer and the Company of evidence reasonably satisfactory to it notice from any Holder of the ownership of and the loss, theft, destruction or mutilation of any NoteNote held by such Holder, and and (a) in the case of loss, theft or destruction, of a lost note indemnity agreement reasonably satisfactory to it (provided that if each Issuer and the holder of such Note isHolder, or is a nominee for, an original Noteholder, such Person's own unsecured agreement of indemnity shall be deemed to be satisfactory), or or (b) in the case of mutilation, upon surrender and cancellation thereofthereof and, to the Company extent reasonably necessary, a lost note indemnity agreement reasonably satisfactory to each Issuer and the Holder, each Issuer at its own expense shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company Issuer of evidence reasonably satisfactory to it notice from any Noteholder of the ownership of and the loss, theft, destruction or mutilation of any Note, Note held by such Noteholder and (a) in the case of loss, theft or destruction, of indemnity security reasonably satisfactory to it the Issuer (provided or, in the case of the Initial Purchaser or any other Noteholder that if the holder of such Note is, or is a nominee foran institutional investor, an original Noteholder, such Person's own unsecured agreement of indemnity shall be deemed to be satisfactoryfrom such Noteholder), or (b) in the case of mutilation, upon surrender and cancellation thereof, the Company Issuer, at its own expense expense, shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any NoteNote (which evidence shall be, in the case of an original Purchaser, notice from such 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 including such security as the holder of such Note is, or is a nominee for, an original Noteholder, such Person's own unsecured agreement of indemnity shall be deemed to be satisfactoryCompany may require), or 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 Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company at the address and to the attention of the designated officer (all as specified in Section 17) of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note, and the loss, theft, destruction or mutilitation of any Note, and (a) in the case of loss, theft or destruction, of an indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original Noteholder, such Person's own unsecured agreement of indemnity shall be deemed to be satisfactory), or to (b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter, the Company at its own expense shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company Issuer of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note, and (ai) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder Holder of such Note is, or is a nominee for, an original Noteholderanother Holder with a minimum net worth of at least $5,000,000, such Person's ’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or (bii) in the case of mutilation, upon surrender and cancellation thereof, the Company Issuer at its own expense shall execute and deliver, in lieu thereof, a new Note of the same series, dated and, in the case of a Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any NoteNote (which evidence shall be, in the case of an institutional investor, notice from such institutional investor 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 Note is, or is a nominee for, an original Noteholderinstitutional investor, such Person's holder’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or , (b) in the case of mutilation, upon surrender and cancellation thereof, or (c) the Company at its own expense shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereonNote.

Replacement of Notes. Upon receipt by the Company Issuer of evidence reasonably satisfactory to it notice from any Holder of the ownership of and the loss, theft, destruction or mutilation of any NoteNote held by such Holder, and and (a) in the case of loss, theft or destruction, of a lost note indemnity agreement reasonably satisfactory to it (provided that if the holder of such Note isIssuer and the Holder, or is a nominee for, an original Noteholder, such Person's own unsecured agreement of indemnity shall be deemed to be satisfactory), or or (b) in the case of mutilation, upon surrender and cancellation thereofthereof and, to the extent reasonably necessary, a lost note indemnity agreement reasonably satisfactory to the Issuer and the Holder, the Company Issuer at its own expense shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.. [EXECUTION COPY]

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note, and (a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original NoteholderNoteholders, 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 Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any NoteNote (which evidence shall be, and (a) in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft theft, destruction or destructionmutilation), and (a) with a minimum net worth of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original Noteholderat least $50,000,000, such Person's own unsecured agreement of indemnity shall be deemed to be satisfactory), or 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 Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note, and and (a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original NoteholderPurchaser, such Person's ’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or or (b) in the case of mutilation, upon surrender and cancellation thereof, the Company at its own expense shall execute and deliverdeliver within five Business Days, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note, and (ai) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder Holder of such Note is, or is a nominee for, an original Noteholderanother Holder with a minimum net worth of at least $5,000,000, such Person's own unsecured agreement of indemnity shall be deemed to be satisfactory), or (bii) 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 Note of the same series, dated and, in the case of a Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any NoteNote (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor 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 (it; provided that that, if the holder of such Note is, or is a nominee for, an original Noteholderpurchaser of any of the Notes or any other Institutional Investor, such Person's ’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or or (b) in the case of mutilation, upon surrender and cancellation thereof, the Company Company, at its own expense expense, shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note, and and (a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original NoteholderPurchaser or another holder of a Note with a minimum net worth of at least $50,000,000, such Person's ’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or 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 Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note, and Note and (a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original NoteholderInstitutional Investor, such Personholder's own unsecured agreement of indemnity shall be deemed to be satisfactory), or 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 Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note, and 37 (a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original NoteholderPurchaser or another holder of a Note with a minimum net worth of at least $250,000,000 or a Qualified Institutional Buyer, such Person's ’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or or (b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter, the Company at its own expense shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. (a) Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Noteany, and and (ab) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder Holder of such Note is, or is a nominee for, an original NoteholderPurchaser or another Holder with a minimum net worth of at least $50,000,000, such Person's ’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or or (bc) 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 NoteNote of the same series, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note, and (a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (it; provided that if the holder Holder of such Note is, or is a nominee for, an original Noteholderpurchaser of any of the Notes or any other institutional investor, such Person's own unsecured agreement of indemnity shall be deemed to be satisfactory), or or (b) in the case of mutilation, upon surrender and cancellation thereof, the Company Company, at its own expense expense, shall execute and deliver, in lieu thereof, a new Note, Note dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

Replacement of Notes. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of of, and the loss, theft, destruction or mutilation of of, any Note, and Note and (a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that provided, if the holder Holder of such the Note isis an Institutional Holder, or is a nominee for, an original Noteholder, such Person's its own unsecured agreement of indemnity shall be deemed to be satisfactory), or or (b) in the case of mutilation, upon surrender and cancellation thereof, the Company at its own expense shall will execute and deliver, deliver in lieu thereof, a new Note, of like tenor, of the same issue, dated and bearing interest from the date to which interest shall have has been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have has been paid thereon.