Common use of Replacement Senior Notes Clause in Contracts

Replacement Senior Notes. If a mutilated Senior Note is surrendered to the Trustee or if the Holder of a Senior Note claims that the Senior Note has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Senior Note 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 Senior Note is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Senior Note, including reasonable fees and expenses of counsel. Every replacement Senior Note is an additional obligation of the Company and is guaranteed by each Subsidiary Guarantor in the same manner as other Senior Notes duly issued hereunder.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Delta Financial Corp), Pledge Agreement (Delta Financial Corp)

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Replacement Senior Notes. If a mutilated Senior Note is surrendered to the Trustee or if the Holder of a Senior Note claims that the Senior Note has been lost, destroyed or wrongfully taken, the Company Publishing shall issue and the Trustee shall authenticate a replacement Senior Note if the Trustee's requirements are met. If required by the Trustee or the CompanyPublishing, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of both the Company Publishing and the Trustee, to protect the CompanyPublishing, the Trustee or any Agent from any loss which any of them may suffer if a Senior Note is replaced. The Company Publishing may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Senior Note, including reasonable fees and expenses of counsel. Every replacement Senior Note is an additional obligation of the Company Publishing and is guaranteed by each Subsidiary Guarantor in the same manner as other Senior Notes duly issued hereunder.

Appears in 2 contracts

Samples: Indenture (Golden Books Family Entertainment Inc), Golden Books Family Entertainment Inc

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Replacement Senior Notes. If a mutilated Senior Note is surrendered to the Trustee or if the Holder of a Senior Note claims that the Senior Note has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee shall authenticate a replacement Senior Note 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 and the Trustee, to protect the Company, the Trustee or any Agent from any loss which any of them may suffer if a Senior Note is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Senior Note, including reasonable fees and expenses of counsel. Every replacement Senior Note is an additional obligation of the Company and is guaranteed by each Subsidiary Guarantor in the same manner as other Senior Notes duly issued hereunder.

Appears in 1 contract

Samples: Delta Financial Corp

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