Replacement of Senior Notes. Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Senior Note, and, in the case of any such loss, theft or destruction, upon delivery of a bond of indemnity reasonably satisfactory to the Company (provided that the Investor or any institutional Holder of a Senior Note may instead deliver to the Company an indemnity agreement in form and substance reasonably satisfactory to the Company), or, in the case of any such mutilation, upon surrender and cancellation of the Senior Note, as the case may be, the Company will issue a new Senior Note of like tenor, in lieu of such lost, stolen, destroyed or mutilated Senior Note.
Appears in 11 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement
Replacement of Senior Notes. Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Senior Note, and, in the case of any such loss, theft or destruction, upon delivery of a bond of indemnity reasonably satisfactory to the Company (provided that the Investor or any institutional Holder of a Senior Note may instead deliver to the Company an indemnity agreement in form and substance reasonably satisfactory to the Company), or, in the case of any such mutilation, upon surrender and cancellation of the Senior Note, as the case may be, the Company will issue a new Senior Note of like tenor, in lieu of such lost, stolen, destroyed or mutilated Senior Note.Note.β
Appears in 4 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement
Replacement of Senior Notes. Upon receipt of evidence reasonably satisfactory to the Company Bank of the loss, theft, destruction or mutilation of any Senior Note, and, in the case of any such loss, theft or destruction, upon delivery of a bond of indemnity reasonably satisfactory to the Company Bank (provided that the Investor or any institutional Holder of a Senior Note may instead deliver to the Company Bank an indemnity agreement in form and substance reasonably satisfactory to the CompanyBank), or, in the case of any such mutilation, upon surrender and cancellation of the Senior Note, as the case may be, the Company Bank will issue a new Senior Note of like tenor, in lieu of such lost, stolen, destroyed or mutilated Senior Note.
Appears in 1 contract
Samples: Securities Purchase Agreement