Common use of Cancellation and Retirement Clause in Contracts

Cancellation and Retirement. Upon surrender to the Fiscal Agent of any Note pursuant to Subsection (b) of this Section 5, the Fiscal Agent shall cancel such Note, and all canceled Notes shall be retired by the Fiscal Agent. No Note shall be deemed to be retired hereunder until retired by the Fiscal Agent; provided that Notes in lieu of which, or in substitution for which, other Notes shall have been authenticated pursuant to the terms of Section 5(b)(iv) hereof but which shall not have been delivered to the Fiscal Agent pursuant to said Section 5(b)(iv) shall not be deemed to be outstanding (unless proof satisfactory to the Fiscal Agent is made that any such Note is held by a person in whose hands such Note constitutes a valid obligation of the Issuer). All Notes canceled and retired by the Fiscal Agent pursuant to this Section 5(f) or Section 6(d) shall be destroyed from time to time in a manner consistent with the Fiscal Agent’s securities destruction policy. The Fiscal Agent shall certify the cancellation and retirement of any Notes to the Issuer.

Appears in 2 contracts

Samples: Fiscal Agency Agreement (Harvest Operations Corp.), Fiscal Agency Agreement

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Cancellation and Retirement. Upon surrender to the Fiscal Agent of any Note pursuant to Subsection (b) of this Section 5, the Fiscal Agent shall cancel such Note, and all canceled Notes shall be retired by the Fiscal Agent. No Note shall be deemed to be retired hereunder until retired by the Fiscal Agent; provided that Notes in lieu of which, or in substitution for which, other Notes shall have been authenticated pursuant to the terms of Section 5(b)(iv) hereof but which shall not have been delivered to the Fiscal Agent pursuant to said Section 5(b)(iv) shall not be deemed to be outstanding (unless proof satisfactory to the Fiscal Agent is made that any such Note is held by a person in whose hands such Note constitutes a valid obligation of the Issuer). All Notes canceled and retired by the Fiscal Agent pursuant to this Section 5(f) or Section 6(d) shall be destroyed from time to time in a manner consistent with the Fiscal Agent’s securities destruction policy. The Upon written request, the Fiscal Agent shall certify the cancellation and retirement of any Notes to the Issuer.

Appears in 1 contract

Samples: Fiscal Agency Agreement (Harvest Operations Corp.)

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