Common use of Cancellation of Surrendered Debt Securities Clause in Contracts

Cancellation of Surrendered Debt Securities. All Debt Securities of any series surrendered for the purpose of payment, exchange, conversion or cancellation (including Debt Securities authenticated which the Company has not issued and sold) shall, if surrendered to the Company or any Paying Agent or conversion agent, be delivered to the Trustee or its designee and cancelled by it, or, if surrendered to the Trustee or its designee, shall be cancelled by it, and no Debt Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture or as otherwise provided in the resolution of the Board of Directors or indenture supplemental hereto establishing such series as contemplated by Section 2.2. All Debt Securities of any series surrendered for the purpose of redemption or credit against any sinking fund shall similarly be delivered to the Trustee or its designee for cancellation, and no Debt Securities shall be issued in lieu thereof except Debt Securities of the same series in the case of redemption of a Debt Security in part only. If the Company shall acquire any of the Debt Securities, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Debt Securities unless and until the same are delivered to the Trustee or its designee for cancellation. Unless otherwise directed in writing by the Company, the Trustee or its designee shall destroy all cancelled Debt Securities and furnish to the Company a certificate evidencing such destruction.

Appears in 11 contracts

Samples: Indenture, Indenture (Constellation Brands, Inc.), Indenture (Constellation Brands, Inc.)

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Cancellation of Surrendered Debt Securities. All Debt Securities of any series surrendered for the purpose of payment, exchangeredemption, conversion registration of transfer or cancellation (including Debt Securities authenticated which the Company has not issued exchange and sold) all Coupons surrendered for payment or exchange shall, if surrendered to the Company or any Paying Agent paying agent or conversion agenta Registrar, be delivered to the Trustee or its designee and cancelled for cancellation by it, or, or if surrendered to the Trustee or its designeeTrustee, shall be cancelled canceled by it, and no Debt Securities or Coupons shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture or as otherwise provided in Indenture. All canceled Debt Securities and Coupons held by the resolution Trustee shall be destroyed (subject to the record retention requirements of the Board Exchange Act) and certification of Directors or indenture supplemental hereto establishing such series as contemplated by Section 2.2. All Debt Securities of any series surrendered for the purpose of redemption or credit against any sinking fund shall similarly be their destruction delivered to the Company, unless otherwise directed. On request of the Company, the Trustee or its designee for cancellation, and no shall deliver to the Company canceled Debt Securities shall be issued in lieu thereof except Debt Securities of and Coupons held by the same series in the case of redemption of a Debt Security in part onlyTrustee. If the Company shall acquire any of the Debt SecuritiesSecurities or Coupons, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Debt Securities thereby unless and until the same are delivered or surrendered to the Trustee or its designee for cancellation. Unless otherwise directed in writing by the CompanyThe Company may not issue new Debt Securities or Coupons to replace Debt Securities or Coupons it has redeemed, paid or delivered to the Trustee or its designee shall destroy all cancelled Debt Securities and furnish to the Company a certificate evidencing such destructionfor cancellation.

Appears in 8 contracts

Samples: Indenture (American Oil & Gas Inc), Supplemental Indenture (Enterprise Products Partners L P), Texas Capital Bancshares Inc/Tx

Cancellation of Surrendered Debt Securities. All Debt Securities of any series surrendered for the purpose of payment, exchangeredemption, conversion registration of transfer or cancellation (including Debt Securities authenticated which the Company has not issued exchange and sold) all Coupons surrendered for payment or exchange shall, if surrendered to the Company or any Paying Agent paying agent or conversion agenta Registrar, be delivered to the Trustee or its designee and cancelled for cancellation by it, or, or if surrendered to the Trustee or its designeeTrustee, shall be cancelled canceled by it, and no Debt Securities or Coupons shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture or as otherwise provided in Indenture. All canceled Debt Securities and Coupons held by the resolution Trustee shall be destroyed (subject to the record retention requirements of the Board Exchange Act) and certification of Directors or indenture supplemental hereto establishing such series as contemplated by Section 2.2. All Debt Securities of any series surrendered for the purpose of redemption or credit against any sinking fund shall similarly be their destruction delivered to the Company, unless otherwise directed. On request of the Company, the Trustee or its designee for cancellation, and no shall deliver to the Company canceled Debt Securities shall be issued in lieu thereof except Debt Securities of and Coupons held by the same series in the case of redemption of a Debt Security in part onlyTrustee. If the Company or the Guarantor shall acquire any of the Debt SecuritiesSecurities or Coupons, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Debt Securities thereby unless and until the same are delivered or surrendered to the Trustee or its designee for cancellation. Unless otherwise directed in writing by the CompanyThe Company may not issue new Debt Securities or Coupons to replace Debt Securities or Coupons it has redeemed, paid or delivered to the Trustee or its designee shall destroy all cancelled Debt Securities and furnish to the Company a certificate evidencing such destructionfor cancellation.

Appears in 5 contracts

Samples: Warren Resources (Warren Resources of California Inc), Warren Resources (Warren Resources of California Inc), Warren Resources (Warren Resources of California Inc)

Cancellation of Surrendered Debt Securities. All Debt - Securities of any series surrendered for the purpose of payment, exchange, conversion or cancellation (including Debt Securities authenticated which the Company has not issued and sold) shall, if surrendered to the Company or any Paying Agent or conversion agent, be delivered to the Trustee or its designee and cancelled by it, or, if surrendered to the Trustee or its designee, shall be cancelled by it, and no Debt Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture or as otherwise provided in the resolution of the Board of Directors or indenture supplemental hereto establishing such series as contemplated by Section 2.2. All Debt Securities of any series surrendered for the purpose of redemption or credit against any sinking fund shall similarly be delivered to the Trustee or its designee for cancellation, and no Debt Securities shall be issued in lieu thereof except Debt Securities of the same series in the case of redemption of a Debt Security in part only. If the Company shall acquire any of the Debt Securities, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Debt Securities unless and until the same are delivered to the Trustee or its designee for cancellation. Unless otherwise directed in writing by the Company, the Trustee or its designee shall destroy all cancelled Debt Securities and furnish to the Company a certificate evidencing such destruction.

Appears in 2 contracts

Samples: Viking Distillery Inc, Roberts Trading Corp

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Cancellation of Surrendered Debt Securities. All Debt Securities of any series surrendered for the purpose of payment, exchange, conversion or cancellation (including Debt Securities authenticated which the Company has not issued and sold) shall, if surrendered to the Company or any Paying Agent or conversion agent, be delivered to the Trustee or its designee and cancelled by it, or, if surrendered to the Trustee or its designee, shall be cancelled by it, and no Debt Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture or as otherwise provided in the resolution of the Board of Directors or indenture supplemental hereto establishing such series as contemplated by Section 2.2. All Debt Securities of any series surrendered for the purpose of redemption or credit against any sinking fund shall similarly be delivered to the Trustee or its designee for cancellation, and no Debt Securities shall be issued in lieu thereof except Debt Securities of the same series in the case of redemption of a Debt Security in part only. If the Company shall acquire any of the Debt Securities, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Debt Securities unless and until the same are delivered to the Trustee or its designee for cancellation. Unless otherwise directed in writing by the Company, the Trustee or its designee shall destroy all dispose of cancelled Debt Securities and furnish in accordance with its customary procedures (subject to any record retention requirement of the Exchange Act). Certification of the destruction of all canceled Debt Securities shall be delivered to the Company a certificate evidencing such destructionCompany.

Appears in 1 contract

Samples: Park Ohio Holdings Corp

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