Common use of SUBSTITUTION OF SECURITIES Clause in Contracts

SUBSTITUTION OF SECURITIES. A Holder may separate Preferred Securities from the related Purchase Contracts in respect of an Income PRIDES by substituting for such Preferred Securities, Treasury Securities in an aggregate principal amount equal to the aggregate Stated Amount of such Preferred Securities (a "Collateral Substitution") at any time from and after the date of this Agreement and on or prior to the second Business Day immediately preceding the Purchase Contract Settlement Date by (a) depositing with the Collateral Agent Treasury Securities having an aggregate principal amount equal to the aggregate Stated Amount of the Preferred Securities comprising part of such Income PRIDES and (b) transferring the related Income PRIDES to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Treasury Securities to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Preferred Securities underlying such Income PRIDES, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Upon receipt of the Treasury Securities described in clause (a) above and the instruction described in clause (b) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, Preferred Securities having a corresponding aggregate Stated Amount from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 2 contracts

Samples: Purchase Contract Agreement (American Heritage Life Investment Corp), Purchase Contract Agreement (Owens Corning Capital Ii)

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SUBSTITUTION OF SECURITIES. A Holder may separate the Preferred Securities Securities, the Debentures or the appropriate Applicable Ownership Interest of the Treasury Portfolio, as applicable, from the related Purchase Contracts in respect of an Income PRIDES a Corporate PIES by substituting for such Preferred Securities, Debentures or the appropriate Applicable Ownership Interest of the Treasury Portfolio, as the case may be, Treasury Securities in an aggregate principal amount equal to the aggregate Stated Amount liquidation amount of such Preferred Securities Securities, the aggregate principal amount of such Debentures or the appropriate Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio, as applicable (a "Collateral Substitution") ), at any time from and after the date of this Agreement and on or prior to the seventh Business Day immediately preceding the Purchase Contract Settlement Date in the case of the Preferred Securities and the Debentures and on or prior to the second Business Day immediately preceding the Purchase Contract Settlement Date in the case of the appropriate Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio, in each case by (a) depositing with the Collateral Agent Securities Intermediary Treasury Securities having an aggregate principal amount equal to the aggregate Stated Amount liquidation amount of the Preferred Securities or the aggregate principal amount of the Debentures comprising part of such Income PRIDES Corporate PIES or the appropriate Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio comprising part of such Corporate PIES, as the case may be, and (b) transferring the related Income PRIDES Corporate PIES to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D C hereto, stating that the Holder has transferred the relevant amount of Treasury Securities to the Collateral Agent Securities Intermediary and requesting that the Agent instruct the Collateral Agent to release the Preferred Securities Securities, the Debentures or the appropriate Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio, as the case may be, underlying such Income PRIDESCorporate PIES, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C heretoA to the Pledge Agreement. Upon receipt of the Treasury Securities described in clause (a) above and the instruction described in clause (b) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will cause the Securities Intermediary to release to the Agent, on behalf of the Holder, Preferred Securities Securities, Debentures or the appropriate Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio, as the case may be, having a corresponding aggregate Stated Amount liquidation amount of such Preferred Securities, aggregate principal amount of such Debentures, or the appropriate Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio, as the case may be, from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 2 contracts

Samples: Purchase Contract Agreement (Nisource Inc), Purchase Contract Agreement (Nipsco Industries Inc)

SUBSTITUTION OF SECURITIES. A Holder may separate the Preferred Securities or the appropriate Applicable Ownership Interest of the Treasury Portfolio, as applicable, from the related Purchase Contracts in respect of an Income PRIDES by substituting for such Preferred SecuritiesSecurities or the appropriate Applicable Ownership Interest of the Treasury Portfolio, as the case may be, Treasury Securities in an aggregate principal amount equal to the aggregate Stated Amount of such Preferred Securities or for the appropriate Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio, as applicable (a "Collateral Substitution") ), at any time from and after the date of this Agreement and on or prior to the fifth Business Day immediately preceding the Purchase Contract Settlement Date in the case of the Preferred Securities and on or prior to the second Business Day immediately preceding the Purchase Contract Settlement Date in the case of the appropriate Applicable Ownership Interest of the Treasury Portfolio, in each case by (a) depositing with the Collateral Agent Treasury Securities having an aggregate principal amount equal to the aggregate Stated Amount of the Preferred Securities comprising part of such Income PRIDES or for the appropriate Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio comprising part of such Income PRIDES, as the case may be, and (b) transferring the related Income PRIDES to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Treasury Securities to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Preferred Securities or the appropriate Applicable Ownership Interest of the Treasury Portfolio, as the case may be, underlying such Income PRIDES, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Upon receipt of the Treasury Securities described in clause (a) above and the instruction described in clause (b) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, Preferred Securities or the appropriate Applicable Ownership Interest of the Treasury Portfolio, as the case may be, having a corresponding aggregate Stated Amount of such Preferred Securities or the appropriate Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio, as the case may be, from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Kennametal Financing I)

SUBSTITUTION OF SECURITIES. A Holder may separate Preferred Securities the Debentures from the related Purchase Contracts in respect of an Income PRIDES a Type A Unit by substituting substituting, for such Preferred SecuritiesDebentures, Treasury Securities in an aggregate principal amount equal to the aggregate Stated Amount principal amount of such Preferred Securities Debentures (a "Collateral Substitution") ), at any time from and after the date of this Agreement and on or prior to the second seventh Business Day immediately preceding the Purchase Contract Settlement Date by (a) depositing with the Collateral Agent Securities Intermediary Treasury Securities or securities entitlements thereto having an aggregate principal amount equal to the aggregate Stated Amount principal amount of the Preferred Securities Debentures comprising part of such Income PRIDES Type A Units and (b) transferring the related Income PRIDES Type A Units to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D C hereto, stating that the Holder has transferred the relevant amount of Treasury Securities to the Collateral Agent Securities Intermediary and requesting that the Agent instruct the Collateral Agent to release the Preferred Securities Debentures underlying such Income PRIDESType A Units, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C heretoA to the Pledge Agreement. Upon receipt of the Treasury Securities described in clause (a) above and the instruction described in clause (b) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will cause the Securities Intermediary to release from the Pledge to the Agent, on behalf of the Holder, Preferred Securities Debentures having a corresponding aggregate Stated Amount from the Pledgeprincipal amount, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Polaroid Corp)

SUBSTITUTION OF SECURITIES. A Holder may separate the shares of Preferred Securities Stock from the related Purchase Contracts in respect of an Income PRIDES a Corporate PIES by substituting substituting, for such shares of Preferred Securities, Stock Treasury Securities in an aggregate principal amount equal to the aggregate Stated Amount liquidation preference of such shares of Preferred Securities stock (a "Collateral Substitution") ), at any time from and after the date of this 23- Agreement and on or prior to the second seventh Business Day immediately preceding the Purchase Contract Settlement Date by (a) depositing with the Collateral Agent Securities Intermediary Treasury Securities or securities entitlements thereto having an aggregate principal amount equal to the aggregate Stated Amount liquidation preference of the shares of Preferred Securities stock comprising part of such Income PRIDES Corporate PIES and (b) transferring the related Income PRIDES Corporate PIES to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D C hereto, stating that the Holder has transferred the relevant amount of Treasury Securities to the Collateral Agent Securities Intermediary and requesting that the Agent instruct the Collateral Agent to release the share of Preferred Securities Stock underlying such Income PRIDESCorporate PIES, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C heretoA to the Pledge Agreement. Upon receipt of the Treasury Securities described in clause (a) above and the instruction described in clause (b) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will cause the Securities Intermediary to release from the Pledge to the Agent, on behalf of the Holder, shares of Preferred Securities Stock having a corresponding aggregate Stated Amount from the Pledge, liquidation preference free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Bank United Corp)

SUBSTITUTION OF SECURITIES. A Holder may separate Preferred Securities from the related Purchase Contracts in respect of an Income PRIDES by substituting for such Preferred Securities, Securities Treasury Securities in an aggregate principal amount equal to the aggregate Stated Amount of such Preferred Securities (a "Collateral Substitution") at any time from and after the date of this Agreement and on or prior to the second Business Day immediately preceding the Purchase Contract Settlement Date by (a) depositing with the Collateral Agent Treasury Securities and having an aggregate principal amount equal to the aggregate Stated Amount of the Preferred Securities comprising part of such Income PRIDES and (b) transferring the related Income PRIDES Certificate to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, Agent stating that the Holder has transferred the relevant amount of Treasury Securities to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Preferred Securities underlying such Income PRIDES, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Upon receipt of the Treasury Securities described in clause (a) above and the instruction described in clause (b) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will effect the release to the Agent, on behalf of the Holder, Preferred Securities having a corresponding aggregate Stated Amount from the Pledge, Pledge of the Pledge Agreement to the Agent free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (MCN Financing Iv)

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SUBSTITUTION OF SECURITIES. A Holder may separate Preferred Securities the Shares from the related Purchase Contracts in respect of an Income PRIDES a Corporate PIES by substituting substituting, for such Preferred SecuritiesShares, Treasury Securities in an aggregate principal amount equal to the aggregate Stated Amount principal amount of such Preferred Securities Shares (a "Collateral Substitution") ), at any time from and after the date of this Agreement and on or prior to the second seventh Business Day immediately preceding the Purchase Contract Settlement Date by (a) depositing with the Collateral Agent Securities Intermediary Treasury Securities or securities entitlements thereto having an aggregate principal amount equal to the aggregate Stated Amount liquidation preference of the Preferred Securities Shares comprising part of such Income PRIDES Corporate PIES and (b) transferring the related Income PRIDES Corporate PIES to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D C hereto, stating that the Holder has transferred the relevant amount of Treasury Securities to the Collateral Agent Securities Intermediary and requesting that the Agent instruct the Collateral Agent to release the Preferred Securities Shares underlying such Income PRIDESCorporate PIES, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C heretoA to the Pledge Agreement. Upon receipt of the Treasury Securities described in clause (a) above and the instruction described in clause (b) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will cause the Securities Intermediary to release from the Pledge to the Agent, on behalf of the Holder, Preferred Securities Shares having a corresponding aggregate Stated Amount from the Pledgeprincipal amount, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:: (i0 cancel the related Corporate PIES;

Appears in 1 contract

Samples: Purchase Contract Agreement (Bank United Corp)

SUBSTITUTION OF SECURITIES. A Holder may separate Preferred Securities from the related Purchase Contracts in respect of an Income PRIDES by substituting for such Preferred Securities, Treasury Securities in an aggregate principal amount equal to the aggregate Stated Amount stated liquidation amount of such Preferred Securities (a "Collateral Substitution") at any time from and after the date of this Agreement and on or prior to the second Business Day immediately preceding the Purchase Contract Settlement Date by (a) depositing with the Collateral Agent Treasury Securities having an aggregate principal amount equal to the aggregate Stated Amount stated liquidation amount of the Preferred Securities comprising part of relating to such Income PRIDES (and in any event having an aggregate principal amount in an integral multiple of $1,000) and (b) transferring the related Income PRIDES to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Treasury Securities to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Preferred Securities underlying relating to such Income PRIDES, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Upon receipt of the Treasury Securities described in clause (a) above and the instruction described in clause (b) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, Preferred Securities having a corresponding aggregate Stated Amount stated liquidation amount from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Protective Life Corp)

SUBSTITUTION OF SECURITIES. A Holder may separate the Preferred Securities or the appropriate Applicable Ownership Interest of the Treasury Portfolio, as applicable, from the related Purchase Contracts in respect of an Income PRIDES Unit by substituting for such Preferred SecuritiesSecurities or the appropriate Applicable Ownership Interest of the Treasury Portfolio, as the case may be, Treasury Securities in an aggregate principal amount equal to the aggregate Stated Amount of such Preferred Securities or for the appropriate Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio, as applicable (a "Collateral Substitution") ), at any time from and after the date of this Agreement and on or prior to the fifth Business Day immediately preceding the Purchase Contract Settlement Date in the case of the Preferred Securities and on or prior to the second Business Day immediately preceding the Purchase Contract Settlement Date in the case of the appropriate Applicable Ownership Interest of the Treasury Portfolio, in each case by (a) depositing with the Collateral Agent Treasury Securities having an aggregate principal amount equal to the aggregate Stated Amount of the Preferred Securities comprising part of such Income PRIDES Units or for the appropriate Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio comprising part of such Income Units, as the case may be, and (b) transferring the related Income PRIDES Units to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Treasury Securities to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Preferred Securities or the appropriate Applicable Ownership Interest of the Treasury Portfolio, as the case may be, underlying such Income PRIDESUnits, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Upon receipt of the Treasury Securities described in clause (a) above and the instruction described in clause (b) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, Preferred Securities or the appropriate Applicable Ownership Interest of the Treasury Portfolio, as the case may be, having a corresponding aggregate Stated Amount of such Preferred Securities or the appropriate Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio, as the case may be, from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (K N Capital Trust Iii)

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