Common use of Replacement Senior Notes Clause in Contracts

Replacement Senior Notes. If a mutilated Senior Note is surrendered to the Registrar or if the Holder of a Senior Note claims that the Senior Note has been lost, destroyed or wrongfully taken, the Issuers shall issue and the Trustee shall authenticate a replacement Senior Note if the requirements of Section 8-405 of the Uniform Commercial Code are met, such that the Holder (a) satisfies the Issuers or the Trustee within a reasonable time after such Holder has notice of such loss, destruction or wrongful taking and the Registrar does not register a transfer prior to receiving such notification, (b) makes such request to the Issuers or the Trustee prior to the Senior Note being acquired by a protected purchaser as defined in Section 8-303 of the Uniform Commercial Code (a “protected purchaser”) and (c) satisfies any other requirements of the Trustee. If required by the Trustee or the Issuers, such Holder shall provide an indemnity or security sufficient in the judgment of the Trustee or the Issuers to protect the Issuers, the Trustee, the Paying Agents, the Transfer Agent and the Registrar from any loss that any of them may suffer if a Senior Note is replaced. The Issuers, the Registrar and the Trustee may charge the Holder for their expenses in replacing a Senior Note (including attorneys’ fees and disbursements in replacing such Senior Note). In the event any such mutilated, lost, destroyed or wrongfully taken Senior Note has become or is about to become due and payable, the Issuer in its discretion may pay such Senior Note instead of issuing a new Senior Note in replacement thereof. Every replacement Senior Note is an additional obligation of the Issuers. The provisions of this Section 2.08 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lost, destroyed or wrongfully taken Senior Notes.

Replacement Senior Notes. If a mutilated Senior Note is surrendered to the Registrar or if the Holder of a Senior Note claims that the Senior Note has been lost, destroyed or wrongfully taken, the Issuers shall issue and the Trustee shall authenticate a replacement Senior Note if the requirements of Section 8-405 8‑405 of the Uniform Commercial Code are met, such that the Holder (a) satisfies the Issuers or the Trustee within a reasonable time after such Holder has notice of such loss, destruction or wrongful taking and the Registrar does not register a transfer prior to receiving such notification, (b) makes such request to the Issuers or the Trustee prior to the Senior Note being acquired by a protected purchaser as defined in Section 8-303 8‑303 of the Uniform Commercial Code (a “protected purchaser”) and (c) satisfies any other requirements of the Trustee. If required by the Trustee or the Issuers, such Holder shall provide an indemnity or security sufficient in the judgment of the Trustee or the Issuers to protect the Issuers, the Trustee, the Paying Agents, the Transfer Agent and the Registrar from any loss that any of them may suffer if a Senior Note is replaced. The Issuers, the Registrar and the Trustee may charge the Holder for their expenses in replacing a Senior Note (including attorneys’ fees and disbursements in replacing such Senior Note). In the event any such mutilated, lost, destroyed or wrongfully taken Senior Note has become or is about to become due and payable, the Issuer in its discretion may pay such Senior Note instead of issuing a new Senior Note in replacement thereof. Every replacement Senior Note is an additional obligation of the Issuers. The provisions of this Section 2.08 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lost, destroyed or wrongfully taken Senior Notes.

Replacement Senior Notes. If a mutilated Senior Subordinated Note is surrendered to the Registrar or if the Holder of a Senior Subordinated Note claims that the Senior Subordinated Note has been lost, destroyed or wrongfully taken, the Issuers shall issue and the Trustee shall authenticate a replacement Senior Subordinated Note if the requirements of Section 8-405 8‑405 of the Uniform Commercial Code are met, such that the Holder (a) satisfies the Issuers or the Trustee within a reasonable time after such Holder has notice of such loss, destruction or wrongful taking and the Registrar does not register a transfer prior to receiving such notification, (b) makes such request to the Issuers or the Trustee prior to the Senior Subordinated Note being acquired by a protected purchaser as defined in Section 8-303 8‑303 of the Uniform Commercial Code (a “protected purchaser”) and (c) satisfies any other requirements of the Trustee. If required by the Trustee or the Issuers, such Holder shall provide an indemnity or security sufficient in the judgment of the Trustee or the Issuers to protect the Issuers, the Trustee, the Paying Agents, the Transfer Agent and the Registrar from any loss that any of them may suffer if a Senior Subordinated Note is replaced. The Issuers, the Registrar and the Trustee may charge the Holder for their expenses in replacing a Senior Subordinated Note (including attorneys’ fees and disbursements in replacing such Senior Subordinated Note). In the event any such mutilated, lost, destroyed or wrongfully taken Senior Subordinated Note has become or is about to become due and payable, the Issuer in its discretion may pay such Senior Subordinated Note instead of issuing a new Senior Subordinated Note in replacement thereof. Every replacement Senior Subordinated Note is an additional obligation of the Issuers. The provisions of this Section 2.08 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lost, destroyed or wrongfully taken Senior Subordinated Notes.

Replacement Senior Notes. If a mutilated Senior Note is surrendered to the Registrar or if the Holder of a Senior Note claims that the Senior Note has been lost, destroyed or wrongfully taken, the Issuers shall issue and the Trustee shall authenticate a replacement Senior Note if the requirements of Section 8-405 8‑405 of the Uniform Commercial Code are met, such that the Holder (a) satisfies the Issuers or and the Trustee within a reasonable time after such Holder has notice of such loss, destruction or wrongful taking and the Registrar does not register a transfer prior to receiving such notification, (b) makes such request to the Issuers or and the Trustee prior to the Senior Note being acquired by a protected purchaser as defined in Section 8-303 8‑303 of the Uniform Commercial Code (a “protected purchaser”) and (c) satisfies any other requirements of the Trustee. If required by the Trustee or the Issuers, such Holder shall provide an indemnity or security sufficient in the judgment of the Trustee or the Issuers to protect the Issuers, the Trustee, the Paying Agents, the Transfer Agent and the Registrar from any loss that any of them may suffer if a Senior Note is replacedreplaced and subsequently presented or claimed for payment. The Issuers, the Registrar and the Trustee may charge the Holder for their expenses in replacing a Senior Note (including attorneys’ fees and disbursements in replacing such Senior Note). In the event any such mutilated, lost, destroyed or wrongfully taken Senior Note has become or is about to become due and payable, the Issuer in its discretion may pay such Senior Note instead of issuing a new Senior Note in replacement thereof. Every replacement Senior Note is an additional obligation of the Issuers. The provisions of this Section 2.08 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, lost, destroyed or wrongfully taken Senior Notes.