Common use of Replacement Senior Subordinated Notes Clause in Contracts

Replacement Senior Subordinated Notes. If any mutilated Senior Subordinated Note is surrendered to the Senior Subordinated Note Trustee or the Company and the Senior Subordinated Note Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Senior Subordinated Note, the Company shall issue and the Senior Subordinated Note Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Senior Subordinated Note if the Senior Subordinated Note Trustee's requirements are met. If required by the Senior Subordinated Note Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Senior Subordinated Note Trustee and the Company to protect the Company, the Senior Subordinated Note Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Senior Subordinated Note is replaced. The Company may charge for its expenses in replacing a Senior Subordinated Note. Every replacement Senior Subordinated Note is an additional obligation of the Company and shall be entitled to all of the benefits of this Senior Subordinated Note Indenture equally and proportionately with all other Senior Subordinated Notes duly issued hereunder.

Appears in 3 contracts

Samples: Amended and Restated Senior Subordinated Note Indenture (Ball Corp), Senior Subordinated Note Indenture (Ball Corp), Senior Subordinated Note Indenture (P&l Coal Holdings Corp)

AutoNDA by SimpleDocs

Replacement Senior Subordinated Notes. If any mutilated Senior Subordinated Note is surrendered to the Senior Subordinated Note Trustee or the Company Issuers and the Senior Subordinated Note Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Senior Subordinated Note, the Company Issuers shall issue and the Senior Subordinated Note Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Senior Subordinated Note if the Senior Subordinated Note Trustee's requirements are met. If required by the Senior Subordinated Note Trustee or the CompanyIssuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Senior Subordinated Note Trustee and the Company Issuers to protect the CompanyIssuers, the Senior Subordinated Note Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Senior Subordinated Note is replaced. The Company Issuers may charge for its their expenses in replacing a Senior Subordinated Note. Every replacement Senior Subordinated Note is an additional obligation of the Company Issuers and shall be entitled to all of the benefits of this Senior Subordinated Note Indenture equally and proportionately with all other Senior Subordinated Notes duly issued hereunder.

Appears in 1 contract

Samples: Indenture (Grand Canal Shops Mall Construction LLC)

AutoNDA by SimpleDocs

Replacement Senior Subordinated Notes. If any a mutilated Senior Subordinated Note is surrendered to the Registrar or the Trustee, or if the Holder of a Senior Subordinated Note claims that the Senior Subordinated Note has been lost, destroyed or wrongfully taken, the Company shall issue and the Trustee or shall authenticate a replacement Senior Subordinated Note (and the Guarantors shall execute the guarantee thereon) if the Holder of such Senior Subordinated Note furnishes to the Company and the Senior Subordinated Note Trustee receives evidence reasonably acceptable to its satisfaction them of the ownership and the destruction, loss or theft of any Senior Subordinated Note, the Company shall issue and the such Senior Subordinated Note Trustee, upon receipt of an Authentication Order, shall authenticate a replacement Senior Subordinated Note and if the Senior Subordinated Note Trustee's requirements of Section 8-405 of the New York Uniform Commercial Code as in effect on the date of this Indenture are met. If required by the Senior Subordinated Note Trustee or the Company, an indemnity bond must shall be supplied by the Holder that is posted, sufficient in the judgment of the Senior Subordinated Note Trustee and the Company all to protect the Company, the Senior Subordinated Note TrusteeSubsidiary Guarantors, the Trustee or any Paying Agent and any authenticating agent from any loss that any of them may suffer if a such Senior Subordinated Note is replaced. The Company may charge such Holder for its the Company's reasonable out-of-pocket expenses in replacing a such Senior Subordinated Note and the Trustee may charge the Company for the Trustee's expenses (including, without limitation, attorneys' fees and disbursements) in replacing such Senior Subordinated Note. Every replacement Senior Subordinated Note is an additional shall constitute a contractual obligation of the Company and shall be entitled to all of the benefits of this Senior Subordinated Note Indenture equally and proportionately with all other Senior Subordinated Notes duly issued hereunderCompany.

Appears in 1 contract

Samples: Indenture (Donnelley R H Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!