Common use of Temporary Debentures Clause in Contracts

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute and the Trustee shall authenticate and make available for delivery temporary Debentures that are typed, printed or lithographed. Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Debentures. Without unreasonable delay the Company will execute and deliver to the Trustee or the Authenticating Agent definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor, at the principal corporate trust office of the Trustee or at any office or agency maintained by the Company for such purpose as provided in Section 3.2, and the Trustee or the Authenticating Agent shall authenticate and make available for delivery in exchange for such temporary Debentures a like aggregate principal amount of such definitive Debentures. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Company may require payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 66 contracts

Sources: Indenture (Southern Heritage Bancorp Inc), Indenture (ACA Capital Holdings Inc), Indenture (MortgageIT Holdings, Inc.)

Temporary Debentures. Pending the preparation of definitive DebenturesDebentures of any series, the Company may execute execute, and the Trustee shall authenticate and make available for delivery delivery, temporary Debentures that are typed(printed, printed lithographed or lithographed. Temporary Debentures shall be issuable in typewritten) of any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture of any series shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive DebenturesDebentures of such series. Without unreasonable unnecessary delay the Company will execute and deliver to the Trustee or the Authenticating Agent will furnish definitive Debentures of such series and thereupon any or all temporary Debentures of such series may be surrendered in exchange therefortherefor (without charge to the holders), at the principal corporate trust office a Place of Payment, and upon receipt of a written order of the Trustee Company signed by its President or at any office Vice President and its Treasurer or agency maintained by the Company for such purpose as provided in Section 3.2any Assistant Treasurer, and the Trustee or the Authenticating Agent shall authenticate and make available for delivery deliver in exchange for such temporary Debentures a like an equal aggregate principal amount of definitive Debentures of such definitive Debentures. Such exchange shall be made by series, unless the Company at its own expense advises the Trustee to the effect that definitive Debentures need not be executed and without any charge therefor except that in case of any such exchange involving a registration of transfer furnished until further notice from the Company may require payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation theretoCompany. Until so exchanged, the temporary Debentures of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures of such series authenticated and delivered hereunder.

Appears in 8 contracts

Sources: Junior Subordinated Indenture (Pogo Producing Co), Junior Subordinated Indenture (Pogo Trust Ii), Junior Subordinated Indenture (Pogo Trust Ii)

Temporary Debentures. Pending the preparation of ---------------------- definitive Debentures, the Company may execute and the Trustee shall authenticate and make available for delivery temporary Debentures that are typed, printed or lithographed. Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Debentures. Without unreasonable delay the Company will execute and deliver to the Trustee or the Authenticating Agent definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor, at the principal corporate trust office of the Trustee or at any office or agency maintained by the Company for such purpose as provided in Section 3.2, and the Trustee or the Authenticating Agent shall authenticate and make available for delivery in exchange for such temporary Debentures a like aggregate principal amount of such definitive Debentures. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Company may require payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 7 contracts

Sources: Indenture (First Banks, Inc), Indenture (Intervest Bancshares Corp), Indenture (First Banks, Inc)

Temporary Debentures. Pending the preparation of definitive DebenturesDebentures in certificated form, the Company may execute and the Trustee shall or an authenticating agent appointed by the Trustee shall, upon the written request of the Company, authenticate and make available for delivery deliver temporary Debentures that are typed, (printed or lithographed). Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued certificated form, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by the Company and be authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and with the same effect, as the definitive DebenturesDebentures in certificated form. Without unreasonable delay delay, the Company will execute and deliver to the Trustee or the Authenticating Agent definitive such authenticating agent Debentures in certificated form and thereupon any or all temporary Debentures may be surrendered in exchange therefor, at the principal corporate trust office of the Trustee or at any each office or agency maintained by the Company for such purpose as provided in pursuant to Section 3.2, 6.02 and the Trustee or the Authenticating Agent such authenticating agent shall authenticate and make available for delivery in exchange for such temporary Debentures a like an equal aggregate principal amount of such definitive DebenturesDebentures in certificated form. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Company may require payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation theretotherefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as definitive Debentures in certificated form authenticated and delivered hereunder.

Appears in 7 contracts

Sources: Indenture (Wilson Greatbatch Technologies Inc), Indenture (Commscope Inc), Indenture (Commscope Inc)

Temporary Debentures. Pending the preparation of definitive DebenturesDebentures in certificated form, the Company may execute and the Trustee shall or an authenticating agent appointed by the Trustee shall, upon the written request of the Company, authenticate and make available for delivery deliver temporary Debentures that are typed, (printed or lithographed). Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued certificated form, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by the Company and be authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and with the same effect, as the definitive DebenturesDebentures in certificated form. Without unreasonable delay the Company will execute and deliver to the Trustee or such authenticating agent Debentures in certificated form (other than in the Authenticating Agent definitive case of Debentures in global form) and thereupon any or all temporary Debentures (other than any such Debenture in global form) may be surrendered in exchange therefor, at the principal corporate trust office of the Trustee or at any each office or agency maintained by the Company for such purpose as provided in pursuant to Section 3.2, 5.02 and the Trustee or the Authenticating Agent such authenticating agent shall authenticate and make available for delivery in exchange for such temporary Debentures a like an equal aggregate principal amount of such definitive DebenturesDebentures in certificated form. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Company may require payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation theretotherefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as definitive Debentures in certificated form authenticated and delivered hereunder.

Appears in 5 contracts

Sources: Indenture (Mentor Graphics Corp), Indenture (Mentor Graphics Corp), Indenture (Mentor Graphics Corp)

Temporary Debentures. Pending the preparation of definitive --------------------- Debentures, the Company may execute and the Trustee shall authenticate and make available for delivery temporary Debentures that are typed, printed or lithographed. Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Debentures. Without unreasonable delay the Company will execute and deliver to the Trustee or the Authenticating Agent definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor, at the principal corporate trust office of the Trustee or at any office or agency maintained by the Company for such purpose as provided in Section 3.2, and the Trustee or the Authenticating Agent shall authenticate and make available for delivery in exchange for such temporary Debentures a like aggregate principal amount of such definitive Debentures. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Company may require payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 4 contracts

Sources: Indenture (Florida Banks Inc), Indenture (Gateway Bancshares Inc /Ga/), Indenture (Florida Banks Inc)

Temporary Debentures. Pending the preparation of definitive -------------------- Debentures, the Company may execute and the Trustee shall authenticate and make available for delivery temporary Debentures that are typed, printed or lithographed. Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Debentures. Without unreasonable delay the Company will execute and deliver to the Trustee or the Authenticating Agent definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor, at the principal corporate trust office of the Trustee or at any office or agency maintained by the Company for such purpose as provided in Section 3.2, and the Trustee or the Authenticating Agent shall authenticate and make available for delivery in exchange for such temporary Debentures a like aggregate principal amount of such definitive Debentures. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Company may require payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 3 contracts

Sources: Indenture (Intervest Bancshares Corp), Indenture (Alabama National Bancorporation), Indenture (New South Bancshares Inc)

Temporary Debentures. Pending the preparation of definitive DebenturesDebentures in certificated form, the Company may execute and the Trustee shall or an authenticating agent appointed by the Trustee shall, upon receipt of a Company Order, authenticate and make available for delivery deliver temporary Debentures that are typed, (printed or lithographed). Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued certificated form but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by the Company and be authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and with the same effect, as the definitive DebenturesDebentures in certificated form. Without unreasonable delay the Company will execute and deliver to the Trustee or the Authenticating Agent definitive such authenticating agent Debentures in certificated form and thereupon any or all temporary Debentures may be surrendered in exchange therefor, at the principal corporate trust office of the Trustee or at any each office or agency maintained by the Company for such purpose as provided in pursuant to Section 3.2, 4.02 and the Trustee or the Authenticating Agent shall such authenticating agent shall, upon receipt of a Company Order, authenticate and make available for delivery deliver in exchange for such temporary Debentures a like an equal aggregate principal amount of such definitive DebenturesDebentures in certificated form. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Company may require payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation theretotherefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as definitive Debentures in certificated form authenticated and delivered hereunder.

Appears in 3 contracts

Sources: Indenture (Liberty Live Holdings, Inc.), Indenture (Sirius Xm Holdings Inc.), Indenture (Liberty Media Corp)

Temporary Debentures. Pending the preparation of --------------------- definitive Debentures, the Company may execute and the Trustee shall authenticate and make available for delivery temporary Debentures that are typed, printed or lithographed. Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Debentures. Without unreasonable delay the Company will execute and deliver to the Trustee or the Authenticating Agent definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor, at the principal corporate trust office of the Trustee or at any office or agency maintained by the Company for such purpose as provided in Section 3.2, and the Trustee or the Authenticating Agent shall authenticate and make available for delivery in exchange for such temporary Debentures a like aggregate principal amount of such definitive Debentures. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Company may require payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 2 contracts

Sources: Indenture (Intervest Bancshares Corp), Indenture (Intervest Bancshares Corp)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute and the Trustee shall authenticate authenticate' and make available for delivery temporary Debentures that are typed, printed or lithographed. Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Debentures. Without unreasonable delay the Company will execute and deliver to the Trustee or the Authenticating Agent definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor, at the principal corporate trust office of the Trustee or at any office or agency maintained by the Company for such purpose as provided in Section 3.2, and the Trustee or the Authenticating Agent shall authenticate and make available for delivery in exchange for such temporary Debentures a like aggregate principal amount of such definitive Debentures. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Company may require payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Sources: Indenture (Tib Financial Corp.)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute and the Trustee shall authenticate and make available for delivery temporary Debentures that are typed, printed or lithographed. Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Debentures. Without unreasonable delay the Company will execute and deliver to the Trustee or the Authenticating Agent definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor, at the principal corporate trust office Principal Office of the Trustee or at any office or agency maintained by the Company for such purpose as provided in Section 3.2, and the Trustee or the Authenticating Agent shall authenticate and make available for delivery in exchange for such temporary Debentures a like aggregate principal amount of such definitive Debentures. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Company may require payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Sources: Indenture (Bancinsurance Corp)

Temporary Debentures. Pending the preparation of definitive DebenturesDebentures of any series, the Company may execute and the Trustee shall authenticate and make available for delivery deliver temporary Debentures that are typedof such series (printed, printed lithographed or lithographedotherwise produced). Temporary Debentures shall be issuable in any authorized denomination, denomination and substantially in the form of the definitive Debentures in lieu of which they are issued Debentures, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the CompanyCompany and the Trustee. Every such temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and conditions, in substantially the same manner, manner and with the same effect, effect as the definitive Debentures. Without unreasonable delay the Company will cause to be prepared, and will execute and deliver to the Trustee or the Authenticating Agent definitive Debentures and thereupon of such series, whereupon any or all temporary Debentures of such series may be surrendered in exchange therefor, therefor at the principal corporate trust office of the Trustee or at any office or agency maintained by of the Company for such purpose as provided in Section 3.2Company, and the Trustee or the Authenticating Agent shall authenticate and make available for delivery deliver in exchange for such temporary Debentures a like an equal aggregate principal amount of such definitive DebenturesDebentures of the same series and date of maturity. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Company may require payment of a sum sufficient to cover any tax, fee tax or other governmental charge that may be imposed in relation theretoconnection therewith. Until so exchanged, the temporary Debentures of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures of such series authenticated and delivered hereunder.

Appears in 1 contract

Sources: Indenture Agreement (Cooper Industries LTD)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company Bank may execute and the Trustee shall authenticate and make available for delivery temporary Debentures that are typed, printed or lithographed. Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the CompanyBank. Every such temporary Debenture shall be executed by the Company Bank and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Debentures. Without unreasonable delay the Company Bank will execute and deliver to the Trustee or the Authenticating Agent definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor, at the principal corporate trust office of the Trustee or at any office or agency maintained by the Company Bank for such purpose as provided in Section 3.2, and the Trustee or the Authenticating Agent shall authenticate and make available for delivery in exchange for such temporary Debentures a like aggregate principal amount of such definitive Debentures. Such exchange shall be made by the Company Bank at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Company Bank may require payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Sources: Indenture (Union National Financial Corp / Pa)

Temporary Debentures. Pending the preparation of -------------------- definitive Debentures, the Company may execute and the Trustee shall authenticate and make available for delivery temporary Debentures that are typed, printed or lithographed. Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Debentures. Without unreasonable delay the Company will execute and deliver to the Trustee or the Authenticating Agent definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor, at the principal corporate trust office of the Trustee or at any office or agency maintained by the Company for such purpose as provided in Section 3.2, and the Trustee or the Authenticating Agent shall authenticate and make available for delivery in exchange for such temporary Debentures a like aggregate principal amount of such definitive Debentures. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Company may require payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Sources: Indenture (Prosperity Bancshares Inc)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute and the Trustee or an authenticating agent appointed by the Trustee shall authenticate and make available for delivery deliver temporary Debentures that are typed, (printed or lithographed). Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by the Company and be authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Debentures. Without unreasonable delay the Company will execute and deliver to the Trustee or the Authenticating Agent such authenticating agent definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor, at the principal corporate trust office of the Trustee or at any each office or agency maintained by the Company for such purpose as provided in pursuant to Section 3.2, 5.02 and the Trustee or the Authenticating Agent such authenticating agent shall authenticate and make available for delivery deliver in exchange for such temporary Debentures a like an equal aggregate principal amount of such definitive Debentures. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Company may require payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation theretotherefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Sources: Indenture (Schuler Holdings Inc)