Common use of Cancellation of Notes Paid, Converted, Etc Clause in Contracts

Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, Redemption, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled), registration of transfer or exchange or conversion, if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered to the Trustee for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their payment, Redemption, repurchase, registration of transfer or exchange or conversion. All Notes delivered to the Trustee shall be canceled promptly by it in accordance with its customary procedures. No Notes shall be authenticated in exchange for any Notes cancelled, except as expressly permitted by any of the provisions of this Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence of such disposition to the Company, at the Company’s written request in a Company Order. If the Company, the Guarantors or any of the Company’s or the Guarantors’ Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, Redemption, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settledderivatives), registration of transfer or exchange or conversionconversion (subject to the provisions of Section 14.02(j)), if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered to the Trustee for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their payment, Redemption, repurchase, registration of transfer or exchange or conversionconversion (subject to the provisions of Section 14.02(j)). All Notes delivered to the Trustee shall be canceled promptly by it in accordance with its customary procedures. No Notes shall be authenticated in exchange for any Notes cancelled, except as expressly permitted by any of the provisions of this Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence of such disposition to the Company, at the Company’s written request in a Company Order. If the Company, the Guarantors Company or any of the Company’s or the Guarantors’ its Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, Redemptionat maturity, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled)upon a Fundamental Change, Redemption, registration of transfer or exchange or conversionconversion (subject to the provisions of Section 14.02(j)), if surrendered to any Person other than the Trustee (including Company or any of the Company’s agents, Subsidiaries agents that the Company controls or Affiliates)its Subsidiaries, to be delivered to the Trustee for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their paymentpayment at maturity, repurchase upon a Fundamental Change, Redemption, repurchase, registration of transfer or exchange or conversionconversion (subject to the provisions of Section 14.02(j)). All Notes delivered to the Trustee shall be canceled promptly by it in accordance with its customary procedures. No Except for Notes surrendered for transfer or exchange, no Notes shall be authenticated in exchange for any Notes cancelled, except as expressly permitted by any of the provisions of this Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence a certificate of such disposition to the Company, at the Company’s written request in a Company Order. If the Company, the Guarantors Company or any of the Company’s or the Guarantors’ its Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Cancellation of Notes Paid, Converted, Etc. Section 3.10 of the Base Indenture shall not apply to the Notes. Instead, the provisions of this Section 2.08 shall, with respect to the Notes, supersede in its entirety Section 3.10 of the Base Indenture and all references in the Base Indenture to Section 3.10 thereof shall be deemed, for the purposes of the Notes, to be references to this Section 2.08. The Company shall cause all Notes surrendered for the purpose of payment, Redemptionrepurchase, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled)redemption, registration of transfer or exchange or conversion, if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or controlled Affiliates), to be delivered surrendered to the Trustee for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their payment, Redemption, repurchase, registration of transfer or exchange or conversion. All Notes delivered to the Trustee shall be canceled promptly by it in accordance with its customary procedures. No it, and no Notes shall be authenticated in exchange for any Notes cancelled, thereof except as expressly permitted by any of the provisions of this the Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence of such disposition to the Company, at the Company’s written request in a Company Order, shall deliver a certificate of such disposition to the Company. If the Company, the Guarantors Company or any of the Company’s or the Guarantors’ its Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase redemption, repurchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation. Any Notes surrendered for cancellation shall not be reissued or resold and shall be promptly cancelled.

Cancellation of Notes Paid, Converted, Etc. The Parent and the Company shall cause all Notes surrendered for the purpose of payment, Redemptionrepurchase, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled)redemption, registration of transfer or exchange or conversionexchange, if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered surrendered to the Trustee for cancellation, and such Notes shall no longer ; provided that any notes acquired by the Parent in exchange for Common Stock pursuant to Article XIV may be considered outstanding transferred by the Parent to the Company for purposes of this Indenture upon their payment, Redemption, repurchase, registration of transfer or exchange or conversioncancellation. All Notes delivered to the Trustee shall be canceled promptly by it in accordance with its customary procedures. No it, and no Notes shall be authenticated in exchange for any Notes cancelled, therefor except as expressly permitted by any of the provisions of this Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence a certificate of such disposition to the Company, at the Company’s written request in a Company Order. If the Company, the Guarantors or any of the Company’s Parent or the Guarantors’ Subsidiaries Company shall acquire any of the Notes, such acquisition shall not operate as a purchase repurchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation. The Company may not issue new Notes to replace Notes that they have been exchanged for Common Stock and, if applicable, cash in lieu of fractional shares, redeemed pursuant to Article XVI or purchased by Parent, the Company or any of its Subsidiaries.

Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of paymentpayment at maturity, RedemptionRedemption pursuant to Article 16, repurchase (but excluding Notes repurchased upon a Fundamental Change pursuant to cash-settled swaps or other derivatives that are not physically settled)Article 15, registration of transfer or exchange exchange, or conversionconversion (subject to the provisions of Section 14.02(j)), if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries agents or AffiliatesSubsidiaries), to be delivered to the Trustee for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their paymentpayment at maturity, Redemption, repurchaserepurchase upon a Fundamental Change, registration of transfer or exchange exchange, or conversionconversion (subject to the provisions of Section 14.02(j)). All Notes delivered to the Trustee for cancellation shall be canceled cancelled promptly by it in accordance with its customary proceduresit. No Notes shall be authenticated in exchange for any Notes cancelled, except as expressly permitted by any of the provisions of this Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence of such disposition to the Company, at the Company’s written request in a Company Orderprocedures. If the Company, the Guarantors Company or any of the Company’s or the Guarantors’ its Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, Redemptionredemption, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled)repurchase, registration of transfer or exchange or conversionconversion pursuant to Article 9 or exchanged pursuant to the Exchange Agreement to be cancelled and, if surrendered to any Person other than the Trustee Company (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered surrendered to the Trustee Company for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their payment, Redemption, repurchase, registration of transfer or exchange or conversion. All Notes delivered to the Trustee Company shall be canceled promptly by it in accordance with its customary procedures. No it, and no Notes shall be authenticated issued in exchange for any Notes cancelled, therefor except as expressly permitted by any of the provisions of this IndentureAgreement. The Trustee shall dispose Notes so acquired, while held by or on behalf of canceled Notes in accordance with the Company or any of its customary procedures and, after such dispositionSubsidiaries, shall deliver evidence of such disposition not entitle the Holder thereof to convert the Notes or exchange the Notes pursuant to the CompanyExchange Agreement. The Company may not issue new Notes to replace Notes it has paid in full or that have been delivered to the Company for cancellation or conversion or exchange pursuant to the Exchange Agreement. The Note Registrar shall retain copies of all letters, at the Company’s notices and other written request in a Company Ordercommunications received pursuant to this Section 3.06. If the CompanyCompany is not acting as Note Registrar, the Guarantors Company shall have the right to inspect and make copies of all such letters, notices or other written communications at any reasonable time upon the giving of the Company’s or the Guarantors’ Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered reasonable written notice to the Trustee for cancellationNote Registrar.