Replacement Securities. If the Holder of a Security claims that the Security has been mutilated, lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate, at the Holder’s expense, a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the loss, destruction or theft of the Security satisfactory to the Trustee and the Company. In the case of a lost, destroyed or wrongfully taken Security, if required by the Trustee or the Company, indemnity (including in the form of a bond) must be provided by the Holder that is reasonably satisfactory to the Trustee and the Company to indemnify and hold harmless the Company, the Trustee or any Securities Agent from any loss that any of them may suffer if such Security is replaced. In case any such mutilated, lost, destroyed or wrongfully taken Security has become due and payable, the Company in its discretion may, instead of issuing a new Security, pay the amounts due in respect of such Security as provided hereunder. Every replacement Security is an additional obligation of the Company only as provided in Section 2.08.
Appears in 24 contracts
Samples: Investment Agreement, Investment Agreement (NortonLifeLock Inc.), Investment Agreement (NortonLifeLock Inc.)
Replacement Securities. If a defaced or mutilated Security of any series is surrendered to the Trustee or if a Holder of a Security claims that the its Security of any series has been mutilated, lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate, at the Holder’s expense, authenticate a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the loss, destruction or theft of the Security satisfactory to the Trustee such series and the Companytenor and principal amount bearing a number not contemporaneously outstanding. In the case of a lost, destroyed or wrongfully taken Security, if If required by the Trustee or the Company, an indemnity (including bond must be furnished that is sufficient in the form judgment of a bond) must be provided by the Holder that is reasonably satisfactory to both the Trustee and the Company to indemnify and hold harmless protect the Company, the Trustee or and any Securities Agent from any loss that any of them may suffer if such a Security is replaced. The Company may charge such Holder for its expenses and the expenses of the Trustee (including without limitation attorneys' fees and expenses) in replacing a Security. In case any such mutilated, defaced, lost, destroyed or wrongfully taken Security has become or is about to become due and payable, the Company in its discretion may, may pay such Security instead of issuing a new Security, pay the amounts due Security in respect of such Security as provided hereunderreplacement thereof. Every replacement Security is an additional obligation of the Company only as provided in and shall be entitled to the benefits of this Indenture. To the extent permitted by law, the foregoing provisions of this Section 2.08are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Securities.
Appears in 19 contracts
Samples: Subordinated Indenture (Aes Trust V), Indenture (Aes Trust Ii), Indenture (Aes Trust V)
Replacement Securities. If the Holder of a Security claims that the Security has been mutilated, lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate, at the Holder’s expense, a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the loss, destruction or theft of the Security satisfactory to the Trustee and the Company. In the case of a lost, destroyed or wrongfully taken Security, if required by the Trustee or the Company, indemnity (including in the form of a bond) must be provided by the Holder that is reasonably satisfactory to the Trustee (with respect to the Trustee) and the Company to indemnify and hold harmless the Company, the Trustee or any Securities Agent from any loss that any of them may suffer if such Security is replaced. In case any such mutilated, lost, destroyed or wrongfully taken Security has become due and payable, the Company in its discretion may, instead of issuing a new Security, pay the amounts due in respect of such Security as provided hereunder. Every replacement Security is an additional obligation of the Company only as provided in Section 2.08.
Appears in 7 contracts
Samples: Investment Agreement (Viavi Solutions Inc.), Investment Agreement (Global Payments Inc), Master Agreement (Zuora Inc)
Replacement Securities. If the Holder of a Security claims that the Security has been mutilated, lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate, at the Holder’s expense, a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the loss, destruction or theft of the Security satisfactory to the Trustee and the Company. In the case of a lost, destroyed or wrongfully taken Security, if required by the Trustee or the Company, indemnity (including in the form of a bond) must be provided by the Holder that is reasonably satisfactory to the Trustee and the Company to indemnify and hold harmless the Company, the Trustee or any Securities Agent from any loss that which any of them may suffer if such Security is replaced. In case any such mutilated, lost, destroyed or wrongfully taken Security has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay the amounts due in respect of such Security as provided hereunderwhen due. Every replacement Security is an additional obligation of the Company only as provided in Section 2.08.
Appears in 4 contracts
Samples: Indenture (James River Coal CO), Indenture (James River Coal CO), Indenture (James River Coal CO)
Replacement Securities. If the Holder of a Security claims that the Security has been mutilated, lost, destroyed or wrongfully takenstolen, the Company shall issue and the Trustee shall authenticate, at the Holder’s expense, a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the mutilation, loss, destruction or theft of the Security satisfactory to the Trustee and the Company. In the case of a mutilated, lost, destroyed or wrongfully taken stolen Security, if required by the Trustee or the Company, indemnity (including in the form of a bond) must be provided by the Holder that is reasonably satisfactory to the Trustee and the Company to indemnify and hold harmless the Company, the Trustee or any Securities Agent from any loss that any of them may suffer if such Security is replaced. In case any such mutilated, lost, destroyed or wrongfully taken stolen Security has become due and payable, the Company in its discretion may, instead of issuing a new Security, pay the amounts due in respect of such Security as provided hereunder. Every replacement Security is an additional obligation of the Company only as provided in Section 2.08.
Appears in 4 contracts
Samples: Accuray Incorporated (Accuray Inc), Accuray Incorporated (Accuray Inc), Accuray Incorporated (Accuray 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 mutilated, lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate, at the Holder’s expense, authenticate a replacement Security upon surrender to if the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the loss, destruction or theft of the Security satisfactory to the Trustee and the CompanyTrustee's requirements are met. In the case of a lost, destroyed or wrongfully taken Security, if If required by the Trustee or the Company, such Holder must provide an indemnity (including bond or other indemnity, sufficient in the form judgment of a bond) must be provided by both the Holder that is reasonably satisfactory to the Trustee Company and the Company Trustee, to indemnify and hold harmless protect the Company, the Trustee or any Securities Agent from any loss that which any of them may suffer if such a Security is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Security. In case any such mutilated, lostdestroyed, destroyed lost or wrongfully taken stolen Security has become due and payableor is about to become due, the Company Company, in its discretion maydiscretion, may instead of issuing a new Security, pay the amounts due in respect of such Security as provided hereunderSecurity. Every replacement Security is an additional obligation of the Company only as provided in Company. The provisions of this Section 2.082.7 are exclusive and, to the extent lawful, preclude other rights and remedies with respect to replacement or payment of mutilated, destroyed, lost or stolen Securities.
Appears in 3 contracts
Samples: Platinum Technology Inc, Platinum Technology Inc, Platinum Technology Inc
Replacement Securities. If the Holder of a Security claims that the Security has been mutilated, lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate, at the Holder’s 's expense, a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the loss, destruction or theft of the Security satisfactory to the Trustee and the Company. In the case of a lost, destroyed or wrongfully taken Security, if required by the Trustee or the Company, indemnity (including in the form of a bond) must be provided by the Holder that is reasonably satisfactory to the Trustee and the Company to indemnify and hold harmless the Company, the Trustee or any Securities Agent from any loss that any of them may suffer if such Security is replaced. In case any such mutilated, lost, destroyed or wrongfully taken Security has become due and payable, the Company in its discretion may, instead of issuing a new Security, pay the amounts due in respect of such Security as provided hereunder. Every replacement Security is an additional obligation of the Company only as provided in Section 2.08.
Appears in 3 contracts
Samples: Investment Agreement (Nu Skin Enterprises Inc), Indenture (Nu Skin Enterprises Inc), Investment Agreement (Nu Skin Enterprises Inc)
Replacement Securities. If the Holder of a Security claims that the Security has been mutilated, lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate, at the Holder’s expense, authenticate a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the loss, destruction or theft of the Security satisfactory to the Trustee and the Company. In the case of a lost, destroyed or wrongfully taken Security, if required by the Trustee or the Company, indemnity (including in the form of a bond) must be provided by the Holder that is reasonably satisfactory to the Trustee and the Company to indemnify and hold harmless the Company, the Trustee or any Securities Agent from any loss that which any of them may suffer if such Security is replaced. In case any such mutilated, lost, destroyed or wrongfully taken Security has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay the amounts due in respect of such Security as provided hereunderwhen due. Every replacement Security is an additional obligation of the Company only as provided in Section 2.08.
Appears in 3 contracts
Samples: First Supplemental Indenture (Arris Group Inc), Indenture (Arris Group Inc), Arris Group Inc
Replacement Securities. If a mutilated Security is surrendered to the Trustee or if the Holder of a Security claims that the Security has been mutilated, lost, destroyed or wrongfully taken, then, in the absence of notice to the Issuer or the Trustee that such Security has been acquired by a bona fide purchaser, upon satisfaction of the requirements of this Indenture, the Company shall issue and the Trustee shall authenticate, at the Holder’s expense, authenticate a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the loss, destruction or theft of the Security satisfactory to the Trustee like tenor and the Companyprincipal amount. In the case of a lost, destroyed or wrongfully taken Security, if If required by the Trustee or the Company, an indemnity (including in the form of a bond) bond must be provided furnished by the Holder that is reasonably satisfactory to sufficient in the judgment of both the Trustee and the Company to indemnify and hold harmless protect the Company, the Trustee or any Securities Agent from any loss that any of them may suffer if such a Security is replaced. The Company may charge such Holder for its expenses in replacing a Security. In case any such mutilated, lost, destroyed or wrongfully taken Security has become due and payablematured or is about to mature, or has been called for redemption in full, the Company in its discretion may, may pay such Security instead of issuing a new Security, pay the amounts due Security in respect of such Security as provided hereunderreplacement thereof. Every replacement Security is an additional obligation of the Company only as provided in Section 2.08and shall be entitled to the benefits of this Indenture equally and proportionately with all other Securities issued hereunder.
Appears in 2 contracts
Samples: Indenture (Nutritional Sourcing Corp), Security Pledge and Intercreditor Agreement (Nutritional Sourcing Corp)
Replacement Securities. If the Holder of a Security claims that the Security has been mutilated, lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate, at the Holder’s expense, a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the loss, destruction or theft of the Security satisfactory to the Trustee and the Company. In the case of a lost, destroyed or wrongfully taken Security, if required by the Trustee or the Company, indemnity (including in the form of a bond) must shall be provided by the Holder that is reasonably satisfactory to the Trustee and the Company to indemnify and hold harmless the Company, the Trustee or any Securities Agent from any loss that any of them may suffer if such Security is replaced. In case any such mutilated, lost, destroyed or wrongfully taken Security has become due and payable, the Company in its discretion may, instead of issuing a new Security, pay the amounts due in respect of such Security as provided hereunder. Every replacement Security is an additional obligation of the Company only as provided in Section 2.08.
Appears in 2 contracts
Samples: Covenants (NortonLifeLock Inc.), NortonLifeLock Inc.
Replacement Securities. If the Holder of a Security claims that the Security has been mutilated, lost, destroyed or wrongfully taken, the Company shall issue and the Trustee upon receipt of a Company Order in accordance with Section 2.2 shall authenticate, at the Holder’s expense, authenticate a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the loss, destruction or theft of the Security satisfactory to the Trustee and the Company. In the case of a lost, destroyed or wrongfully taken SecuritySecurities, if required by the Trustee or the Company, an indemnity (including in the form of a bond) bond must be provided by the Holder that is reasonably satisfactory to the Trustee and the Company to indemnify and hold harmless protect the Company, the Trustee or any Securities Security Agent from any loss that which any of them may suffer if such a Security is replaced. The Trustee may charge for its expenses in replacing a Security. In case any such mutilated, lost, destroyed or wrongfully taken Security has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay the amounts due in respect of such Security as provided hereunderwhen due. Every replacement Security is an additional obligation of the Company only as provided in Section 2.082.8.
Appears in 2 contracts
Samples: Indenture (Terremark Worldwide Inc), Indenture (Terremark Worldwide Inc)
Replacement Securities. If the Holder of a Security claims that the Security has been mutilated, lost, destroyed or wrongfully takenstolen, the Company shall issue and the Trustee shall authenticate, at the Holder’s expense, a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the mutilation, loss, destruction or theft of the Security satisfactory to the Trustee and the Company. In the case of a mutilated, lost, destroyed or wrongfully taken stolen Security, if required by the Trustee or the Company, indemnity (including in the form of a bond) must be provided by the Holder that is reasonably satisfactory to the Trustee and the Company to indemnify and hold harmless the Company, the Trustee or any Securities Agent from any loss that any of them may suffer if such Security is replaced. In case any such mutilated, lost, destroyed or wrongfully taken stolen Security has become due and payable, the Company in its discretion may, instead of issuing a new Security, pay the amounts due in respect of such Security as provided hereunder. Every replacement Security is an additional obligation of the Company only as provided in Section 2.082.08.
Appears in 1 contract
Samples: Accuray (Accuray Inc)
Replacement Securities. If the Holder of a Security claims that the Security has been mutilated, lost, destroyed or wrongfully taken, the Company Issuer shall issue and the Trustee shall authenticate, at the Holder’s expense, a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the loss, destruction or theft of the Security satisfactory to the Trustee and the CompanyIssuer. In the case of a lost, destroyed or wrongfully taken Security, if required by the Trustee or the Company, indemnity (including in the form of a bond) must be provided by the Holder Holder, at the Holder’s expense, that is reasonably satisfactory to the Trustee and the Company Issuer to indemnify and hold harmless the CompanyIssuer, the Trustee or any Securities Agent from any loss that any of them may suffer if such Security is replaced. In case any such mutilated, lost, destroyed or wrongfully taken Security has become due and payable, the Company Issuer in its discretion may, instead of issuing a new Security, pay the amounts due in respect of such Security as provided hereunder. Every replacement Security is an additional obligation of the Company Issuer only as provided in Section 2.08.
Appears in 1 contract
Samples: Toll Brothers Inc
Replacement Securities. If the Holder of a Security claims that the Security has been mutilated, lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate, at the Holder’s expense, a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the loss, destruction or theft of the Security satisfactory to the Trustee and the Company. In the case of a lost, destroyed or wrongfully taken Security, if required by the Trustee or the Company, indemnity (including in the form of a bond) must be provided by the Holder Holder, at the Holder’s expense, that is reasonably satisfactory to the Trustee and the Company to indemnify and hold harmless the Company, the Trustee or any Securities Agent from any loss that any of them may suffer if such Security is replaced. In case any such mutilated, lost, destroyed or wrongfully taken Security has become due and payable, the Company in its discretion may, instead of issuing a new Security, pay the amounts due in respect of such Security as provided hereunder. Every replacement Security is an additional obligation of the Company only as provided in Section 2.08.
Appears in 1 contract
Samples: Indenture (Tivo Inc)
Replacement Securities. If the Holder of a Security claims that the Security has been mutilated, lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate, at the Holder’s expense, authenticate a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the loss, destruction or theft of the Security satisfactory to the Trustee and the Company. In the case of a lost, destroyed or wrongfully taken SecuritySecurities, if required by the Trustee or the Company, an indemnity (including in the form of a bond) must be provided by the Holder that is reasonably satisfactory to the Trustee and the Company to indemnify and hold harmless protect the Company, the Trustee or any Securities Security Agent from any loss that which any of them may suffer if such a Security is replaced. The Trustee may charge for its expenses in replacing a Security. In case any such mutilated, lost, destroyed or wrongfully taken Security has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay the amounts due in respect of such Security as provided hereunderwhen due. Every replacement Security is an additional obligation of the Company only as provided in Section 2.08.
Appears in 1 contract
Samples: Playboy Enterprises Inc
Replacement Securities. If the Holder of a Security claims that the Security has been mutilated, lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate, at the Holder’s expense, authenticate a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the loss, destruction or theft of the Security satisfactory to the Trustee and the Company. In the case of a lost, destroyed or wrongfully taken SecuritySecurities, if required by the Trustee or the Company, an indemnity (including in the form of a bond) bond must be provided by the Holder that is reasonably satisfactory to the Trustee and the Company to indemnify and hold harmless protect the Company, the Trustee or any Securities Security Agent from any loss that which any of them may suffer if such a Security is replaced. The Trustee may charge the Holder for its expenses in replacing a Security. In case any such mutilated, lost, destroyed or wrongfully taken Security has become or is about to become due and payable, or is about to be redeemed or purchased by the Company pursuant to ARTICLE III, the Company, in its discretion discretion, may, instead of issuing a new Security, pay when due, redeem or purchase such Security, as the amounts due in respect of such Security as provided hereundercase may be. Every replacement Security is an additional obligation of the Company only as provided in Section 2.08SECTION 2.8.
Appears in 1 contract
Samples: Indenture (Medis Technologies LTD)
Replacement Securities. If the Holder of a Security claims that the Security has been mutilated, lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate, at the Holder’s expense, authenticate a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the loss, destruction or theft of the Security satisfactory to the Trustee and the Company. In the case of a lost, destroyed or wrongfully taken SecuritySecurities, if required by the Trustee or the Company, an indemnity (including in the form of a bond) bond must be provided by the Holder that is reasonably satisfactory to the Trustee and the Company to indemnify and hold harmless protect the Company, the Trustee or any Securities Security Agent from any loss that which any of them may suffer if such a Security is replaced. The Trustee may charge for its expenses in replacing a Security. In case any such mutilated, lost, destroyed or wrongfully taken Security has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay the amounts due in respect of such Security as provided hereunderwhen due. Every replacement Security is an additional obligation of the Company only as provided in Section SECTION 2.08.
Appears in 1 contract
Samples: Indenture (SFBC International Inc)
Replacement Securities. If the Holder of a Security claims that the Security has been mutilated, lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate, at the Holder’s expense, authenticate a replacement Security upon surrender to the Trustee of the mutilated Security, or upon delivery to the Trustee of evidence of the loss, destruction or theft of the Security satisfactory to the Trustee and the Company. In the case of a lost, destroyed or wrongfully taken Security, if required by the Trustee or the Company, indemnity (including in the form of a bond) must be provided by the Holder that is reasonably satisfactory to the Trustee and the Company to indemnify and hold harmless the Company, the Trustee or any Securities Agent from any loss that which any of them may suffer if such Security is replaced. The Trustee and the Company may charge such Holder for their expenses in replacing a Security. In case any such mutilated, lost, destroyed or wrongfully taken Security has become or is about to become due and payable, the Company in its discretion may, instead of issuing a new Security, pay the amounts due in respect of such Security as provided hereunderwhen due. Every replacement Security is an additional obligation of the Company only as provided in Section 2.08.
Appears in 1 contract
Samples: Supplemental Indenture (Five Star Quality Care Inc)