Common use of Replacement Securities Clause in Contracts

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the Company.

Appears in 18 contracts

Samples: Indenture (Price Communications Corp), Indenture (Price Communications Corp), Indenture (Wichita Manufacturing Inc)

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Replacement Securities. If a any mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit Company, or other evidence, satisfactory to the Trustee, to the Trustee receives evidence to its satisfaction of the effect that the Security has been lostdestruction, destroyed loss or wrongfully takentheft of any Security, the Company shall issue and the Trustee Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Security if the Trustee's requirements for replacements of Securities are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, must be supplied by the Holder that is sufficient in the judgment of both the Trustee and the Company and the Trustee, to protect the Company, the Trustee or Trustee, any Agent and any authenticating agent from any loss which any of them may suffer if a Security is replaced. The Each of the Company and the Trustee may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the Company.

Appears in 11 contracts

Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)

Replacement Securities. If a mutilated Security is surrendered to the Trustee Registrar or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Company provides the Trustee with an Officer's Certificate stating that the requirements of Section 8-405 of the Uniform Commercial Code are met and the Holder satisfies any other reasonable requirements of the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide shall furnish an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, Trustee to protect the Company, the Trustee or Trustee, the Paying Agent, the Registrar and any Agent co-registrar from any loss which any of them may suffer if a Security is replaced. The Company and the Trustee may charge such the Holder for its reasonable, out-of-pocket their expenses in replacing a Security. Every replacement Security is an additional obligation of the Company.

Appears in 5 contracts

Samples: Indenture (MBW Foods Inc), Indenture (Windy Hill Pet Food Co Inc), Indenture (Doane Pet Care Enterprises Inc)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee Trustee, upon the Company's written request, shall authenticate a replacement Security of the same series if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or and any Agent from any loss which any of them may suffer if a Security is replaced. The Company and the Trustee may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security, including reasonable fees and expenses of counsel. Every replacement Security is an additional obligation of the Company.

Appears in 4 contracts

Samples: Indenture (Packaged Ice Inc), Indenture (Packaged Ice Inc), Indenture (Packaged Ice Inc)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company Issuers shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the CompanyIssuers, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company Issuers and the Trustee, to protect the CompanyIssuers, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company Issuers may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the CompanyIssuers.

Appears in 3 contracts

Samples: Indenture (Centennial Communications Corp /De), Indenture (Centennial Communications Corp /De), Indenture (Centennial Cellular Corp)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the Company.

Appears in 3 contracts

Samples: Indenture (HPSC Inc), Indenture (HPSC Inc), Indenture (Jefferies Group Inc)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security (and the Guarantors shall execute the Guarantees thereon) if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company Company, the Guarantors and the Trustee, to protect the Company, the Guarantors, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable, reasonable out-of-pocket expenses in replacing a Security, including reasonable fees and expenses of counsel. Every replacement Security is shall constitute an additional obligation of the CompanyCompany and the Guarantors.

Appears in 3 contracts

Samples: Indenture (Industrial Fuels Minerals Co), Indenture (Doe Run Resources Corp), Indenture (Doe Run Peru Sr Ltda)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Company and Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company and the Trustee may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the Company.

Appears in 2 contracts

Samples: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)

Replacement Securities. If a any mutilated Security is surrendered to the Trustee Trustee, or if the Holder of a Security claims Company and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee receive evidence to their satisfaction of the effect that the Security has been lostdestruction, destroyed loss or wrongfully takentheft of any Security, the Company shall issue Issue and the Trustee Trustee, upon the Company's written order signed by two Officers, shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the CompanyCompany requires, such the Holder must provide supply an indemnity bond or other indemnity, that is sufficient in the judgment of both the Trustee and the Company and the Trustee, to protect the Company, the Trustee Trustee, any Agent or any Agent authenticating agent from any loss which any of them may suffer if a Security is replaced. The Company and the Trustee may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation Obligation of the Company.

Appears in 2 contracts

Samples: Indenture (Jordan Industries Inc), Indenture (Jordan Industries Inc)

Replacement Securities. If a any mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit Company, or other evidence, satisfactory to the Trustee, to the Trustee receives evidence to its satisfaction of the effect that the Security has been lostdestruction, destroyed loss or wrongfully takentheft of any Security, the Company shall issue and the Trustee Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Security if the Trustee's requirements for replacements of Securities are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, must be supplied by the Holder that is sufficient in the judgment of both the Trustee and the Company and the Trustee, to protect the Company, the Trustee Trustee, any Agent or any Agent authenticating agent from any loss which that any of them may suffer if a Security is replaced. The Company and the Trustee may charge such Holder for its reasonable, out-of-pocket their expenses in replacing a Security. Every replacement Security is an additional obligation of the Company.

Appears in 2 contracts

Samples: Indenture (Key Energy Group Inc), Indenture (Key Energy Group Inc)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company and the Parent Guarantor shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the CompanyCompany and the Guarantors.

Appears in 2 contracts

Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the CompanyCompany and the Guarantors.

Appears in 2 contracts

Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, reasonably satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the Company.

Appears in 2 contracts

Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)

Replacement Securities. If a mutilated Security is surrendered to the Registrar or the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements are metHolder of such Security furnishes to the Company and to the Trustee evidence reasonably acceptable to them of the ownership and the destruction, loss or theft of such Security. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnityshall be posted, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or any Paying Agent from any loss which that any of them may suffer if a such Security is replaced. The Company may charge such Holder for its reasonable, out-of-pocket the Company's expenses in replacing a such Security and the Trustee may charge the Company for the Trustee's expenses in replacing such Security. Every replacement Security is shall constitute an additional obligation of the Company.

Appears in 2 contracts

Samples: Indenture (Toms Foods Inc), Indenture (Continental Caribbean Containers Inc)

Replacement Securities. If a mutilated Security is ----------------------- surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company and the Guarantors shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the CompanyCompany and the Guarantors.

Appears in 1 contract

Samples: Indenture (Jazz Casino Co LLC)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate upon receipt of a written order of the Company in the form of an Officers' Certificate, a replacement Security if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or and any Agent from any loss which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security, including reasonable fees and expenses of counsel. Every replacement Security is an additional obligation of the Company.

Appears in 1 contract

Samples: Indenture (Aearo CO I)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, evidence satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the Company.

Appears in 1 contract

Samples: Indenture (Asat Holdings LTD)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security (and the Guarantors shall execute the Guarantees thereon) if the Trustee's ’s requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company Company, the Guarantors and the Trustee, to protect the Company, the Guarantors, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable, reasonable out-of-pocket expenses in replacing a Security, including reasonable fees and expenses of counsel. Every replacement Security is shall constitute an additional obligation of the CompanyCompany and the Guarantors.

Appears in 1 contract

Samples: Indenture (Doe Run Resources Corp)

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Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company or the Trustee may charge such Holder for its their reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the Company.

Appears in 1 contract

Samples: Indenture (Employee Solutions Inc)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company may charge such Holder Security for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the Company.

Appears in 1 contract

Samples: Indenture (Capital Gaming International Inc /Nj/)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory presents evidence to the Trustee, to satisfaction of the Company and the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if of the Trustee's requirements are metsame Series and of like tenor and principal amount and bearing a number not contemporaneously outstanding. If An indemnity bond may be required by the Trustee Company or the Company, such Holder must provide an indemnity bond or other indemnity, Trustee that is sufficient in the reasonable judgment of both the Company and or the Trustee, as the case may be, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation , including the fees and expenses of the Company.the

Appears in 1 contract

Samples: Indenture (Dataware Technologies Inc)

Replacement Securities. If a any mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit Company, or other evidence, satisfactory to the Trustee, to the Trustee receives evidence to its satisfaction of the effect that the Security has been lostdestruction, destroyed loss or wrongfully takentheft of any Security, the Company shall issue and the Trustee Trustee, upon the written order of the Company signed by two Officers of the Company, shall authenticate a replacement Security if the Trustee's requirements for replacements of Securities are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, must be supplied by the Holder that is sufficient in the judgment of both the Trustee and the Company and the Trustee, to protect the Company, the Trustee or Trustee, any Agent and any authenticating agent from any loss which any of them may suffer if a Security is replacedre placed. The Each of the Company and the Trustee may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the Company.

Appears in 1 contract

Samples: Indenture (Tenet Healthcare Corp)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the 42 effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the Company.

Appears in 1 contract

Samples: Indenture (Big 5 Corp /Ca/)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee Trustee, upon the Company's written request, shall authenticate a replacement Security of the same series if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or and any Agent from any loss which any of them may suffer if a Security is replaced. The Company and the Trustee may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the Company.

Appears in 1 contract

Samples: Indenture (Packaged Ice Inc)

Replacement Securities. If a any mutilated Security is surrendered to the Trustee Trustee, or if the Holder of a Security claims Company and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee receive evidence to their satisfaction of the effect that the Security has been lostdestruction, destroyed loss or wrongfully takentheft of any Security, the Company shall issue Issue and the Trustee Trustee, upon the Company's written order signed by two Officers, shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the CompanyCompany requires, such the Holder must provide supply an indemnity bond or other indemnity, that is sufficient in the judgment of both the Trustee and the Company and the Trustee, to protect the Company, the Trustee Trustee, any Agent or any Agent authenticating agent from any loss which that any of them may suffer if a Security is replaced. The Company and the Trustee may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation Obligation of the Company.

Appears in 1 contract

Samples: Indenture (Jordan Industries Inc)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company and the Guarantors shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the CompanyCompany and the Guarantors.

Appears in 1 contract

Samples: Indenture (Jazz Casino Co LLC)

Replacement Securities. If a mutilated Security is surrendered to the Trustee Registrar or if the Holder of a Security claims shall provide the Company and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee with evidence to the effect their satisfaction that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements of the Trustee and the Company are met. If required by the Trustee or the Company, such Holder must provide shall furnish an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, Trustee to protect the Company, the Trustee Trustee, the Paying Agent, the Registrar and any co-registrar or any Agent other agent from any loss which any of them may suffer if a Security is replaced. The Company and the Trustee may charge such the Holder for its reasonable, out-of-pocket their expenses in replacing a Security, including reasonable fees and expenses of counsel. Every replacement Security is an additional obligation of the Company.

Appears in 1 contract

Samples: Indenture (Menasco Aerosystems Inc)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, reasonably satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the CompanyCompany and the Guarantors.

Appears in 1 contract

Samples: Indenture (JCC Holding Co)

Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims and submits an affidavit or other evidence, satisfactory to the Trustee, to the Trustee to the effect that the Security has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Security if the Trustee's requirements are met. If required by the Trustee or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company and the Trustee, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Security is replaced. The Company may charge such Holder for its reasonable, out-of-of- pocket expenses in replacing a Security. Every replacement Security is an additional obligation of the Company.

Appears in 1 contract

Samples: Indenture (Doskocil Manufacturing Co Inc)

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