Common use of SUBSTITUTION OF UNITS Clause in Contracts

SUBSTITUTION OF UNITS. A Holder may separate the Debentures from the related Purchase Contracts in respect of a Corporate Unit by substituting for such Debentures Treasury Securities in an aggregate principal amount equal to the aggregate principal amount of such Debentures (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 by (a) depositing with the Securities Intermediary Treasury Securities having an aggregate principal amount equal to the aggregate principal amount of the Debentures comprising part of such Corporate Unit, and (b) transferring the related Corporate Unit to the Agent accompanied by a notice to the Agent, substantially in the form of EXHIBIT C, stating that the Holder has transferred the relevant amount of Treasury Securities to the Securities Intermediary and requesting that the Agent instruct the Collateral Agent to release the Debentures underlying such Corporate Unit, after which the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit A 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, Debentures having a corresponding aggregate principal amount at maturity, from the Pledge, free and clear of the Company's security interest, and upon receiving them the Agent shall promptly:

Appears in 2 contracts

Samples: Purchase Contract Agreement (New Nisource Inc), Purchase Contract Agreement (Nisource Inc)

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SUBSTITUTION OF UNITS. A Holder may separate the Debentures from the related Purchase Contracts in respect of a Corporate Unit by substituting for such Debentures Treasury Securities in an aggregate principal amount equal to the aggregate principal amount at maturity of such Debentures (a "COLLATERAL SUBSTITUTIONCollateral 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 by (a) depositing with the Securities Intermediary Treasury Securities having an aggregate principal amount equal to the aggregate principal amount of the Debentures comprising part of such Corporate Unit, Unit and (b) transferring the related Corporate Unit to the Agent accompanied by a notice to the Agent, substantially in the form of EXHIBIT C, stating that the Holder has transferred the relevant amount of Treasury Securities to the Securities Intermediary and requesting that the Agent instruct the Collateral Agent to release the Debentures underlying such Corporate Unit, after which the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit A 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, Debentures having a corresponding aggregate principal amount at maturity, maturity from the Pledge, free and clear of the Company's security interest, and upon receiving them the Agent shall promptly:

Appears in 2 contracts

Samples: Purchase Contract Agreement (New Nisource Inc), Purchase Contract Agreement (New Nisource Inc)

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