Common use of Replacement Senior Notes Clause in Contracts

Replacement Senior Notes. If a mutilated Senior Note is surrendered to the Registrar or Trustee or if the Holder of a Senior Note presents evidence to the satisfaction of the Issuers and the Trustee that the Senior Note has been lost, destroyed or wrongfully taken and of the ownership thereof, the Issuers shall issue and the Trustee shall authenticate a replacement Senior Note if the Holder of such Senior Note furnishes to the Issuers and the Trustee evidence reasonably acceptable to them of the ownership and destruction, loss or theft of such Senior Note or if the reasonable requirements of the Trustee and of Section 8-405 of the Uniform Commercial Code as in effect in the State of Delaware are met. An indemnity bond may be required by the Issuers or the Trustee that is sufficient in the judgment of the Issuers and the Trustee to protect the Issuers, the Trustee or any Agent from any loss which any of them may suffer if a Senior Note is replaced. The Issuers or the Trustee each may charge for its expenses (including reasonable attorneys' fees and expenses) in replacing a Senior Note. Every replacement Senior Note is an additional obligation of the Issuers.

Appears in 2 contracts

Samples: Indenture (Essex Group Inc), Indenture (Superior Telecommunications Inc)

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Replacement Senior Notes. If a mutilated Senior Note is surrendered to the Registrar or Trustee or if the Holder of a Senior Note presents evidence to the satisfaction of the Issuers Issuer and the Trustee that the Senior Note has been lost, destroyed or wrongfully taken and of the ownership thereof, the Issuers Issuer shall issue and the Trustee shall authenticate a replacement Senior Note if the Holder of such Senior Note furnishes to the Issuers Issuer and the Trustee evidence reasonably acceptable to them of the ownership and destruction, loss or theft of such Senior Note or if the reasonable requirements of the Trustee and of Section 8-405 of the Uniform Commercial Code as in effect in the State of Delaware New York are met. An indemnity bond may be required by the Issuers Issuer or the Trustee that is sufficient in the judgment of the Issuers Issuer and the Trustee to protect the IssuersIssuer, the Trustee or any Agent from any loss which any of them may suffer if a Senior Note is replaced. The Issuers Issuer or the Trustee each may charge for its expenses (including reasonable attorneys' fees and expenses) in replacing a Senior Note. Every replacement Senior Note is an additional obligation of the IssuersIssuer.

Appears in 1 contract

Samples: Indenture (Franks Nursery & Crafts Inc)

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Replacement Senior Notes. If a mutilated Senior Note is surrendered to the Registrar or Trustee or if the Holder of a Senior Note presents evidence to the satisfaction of the Issuers and the Trustee that the Senior Note has been lost, destroyed or wrongfully taken and of the ownership thereof, the Issuers shall issue and the Trustee shall authenticate a replacement Senior Note if the Holder of such Senior Note furnishes to the Issuers and the Trustee evidence reasonably acceptable to them of the ownership and destruction, loss or theft of such Senior Note or if the reasonable requirements of the Trustee and of Section 8-405 of the Uniform Commercial Code as in effect in the State of Delaware are met. An indemnity bond may be required by the Issuers or the Trustee that is sufficient in the judgment of the Issuers and the Trustee to protect the Issuers, the Trustee or any Agent from any loss which any of them may suffer if a Senior Note is replaced. The Issuers or the Trustee each may charge for its expenses (including reasonable attorneys' ’ fees and expenses) in replacing a Senior Note. Every replacement Senior Note is an additional obligation of the Issuers.

Appears in 1 contract

Samples: Supplemental Indenture (Superior Essex Inc)

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