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

Samples: Indenture (ACA Capital Holdings Inc), Indenture (Southern Heritage Bancorp Inc), Indenture (James River Group, INC)

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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

Samples: Houston Industries Inc, Litchfield Capital Trust Ii, Litchfield Capital Trust Ii

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

Samples: Wilson Greatbatch (Wilson Greatbatch Technologies Inc), Indenture (Commscope Inc), Indenture (Commscope 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 7 contracts

Samples: Indenture (Intervest Bancshares Corp), Indenture (First Banks, Inc), Indenture (Parke Bancorp, Inc.)

Temporary Debentures. Pending the preparation of definitive Debentures, the The Company may execute temporary Debentures, and upon the Company's Order, the Trustee shall authenticate and make such temporary Debentures available for delivery temporary Debentures that are typed, printed or lithographeddelivery. Temporary Debentures shall be issuable printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, and substantially in the form same series and principal amount and of like tenor as the definitive Debentures in lieu of which they are issued but and with such appropriate insertions, omissions, insertions substitutions and other variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by Officers of the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effectexecuting such Debentures may determine, as the definitive conclusively evidenced by their execution of such Debentures. Without unreasonable delay the Company will execute and deliver to the Trustee or the Authenticating Agent definitive Debentures and thereupon any or all Such temporary Debentures may be surrendered in exchange thereforglobal form. Except in the case of temporary Debentures in global form, which shall be exchanged in accordance with the provisions thereof, after the preparation of definitive Debentures, the temporary Debentures shall be exchangeable for definitive Debentures of the same series upon surrender of the temporary Debentures at the principal corporate trust office Office or Agency of the Trustee or at any office or agency maintained by the Company designated for such purpose as provided in pursuant to Section 3.22.04, without charge to the Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall execute a like principal amount of definitive Debentures of the same series of authorized denominations, and the Trustee or the Authenticating Agent Trustee, upon receipt of a Company Order, shall authenticate and make such Debentures 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 theretotherefor. 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 hereunderDebentures.

Appears in 5 contracts

Samples: Indenture (Cox Trust Ii), Indenture (Radio One Licenses LLC), Hercules 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

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

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute execute, and upon Company Order the Trustee shall authenticate and make available for delivery deliver, temporary Debentures that which are typedprinted, printed lithographed, typewritten, mimeographed or lithographed. Temporary Debentures shall be issuable otherwise produced, in any authorized denomination, and substantially in of the form tenor of the definitive Debentures in lieu of which they are issued but and with such appropriate insertions, omissions, insertions substitutions and other variations as the officers executing such Debentures may determine, as evidenced by their execution of such Debentures. Except in the case of temporary Debentures in global form, which shall be appropriate exchanged in accordance with the provisions hereof, if temporary Debentures are issued, the Company will cause definitive Debentures to be prepared without unreasonable delay. After the preparation of definitive Debentures, the temporary Debentures shall be exchangeable for definitive Debentures upon surrender of the temporary Debentures at the office or agency of the Company in the Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more 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 shall 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 deliver in exchange for such temporary Debentures therefor 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 Debentures 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 theretoauthorized denominations. 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 hereunderDebentures.

Appears in 4 contracts

Samples: Indenture (Republic Bancshares Inc), Indenture (Bankatlantic Bancorp Inc), Indenture (Republic Bancshares 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 4 contracts

Samples: Indenture (Florida Banks Inc), Indenture (Intervest Bancshares Corp), Indenture (Florida Banks Inc)

Temporary Debentures. Pending the preparation of definitive Physical Debentures, the Company may execute and the Trustee shall or an authenticating agent appointed by the Trustee shall, upon 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 Physical 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 Physical Debentures. Without unreasonable delay delay, the Company will execute and deliver to the Trustee or the Authenticating Agent definitive such authenticating agent Physical Debentures (other than any Global Debenture) and thereupon any or all temporary Debentures (other than any Global Debenture) 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 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 Physical 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 Physical Debentures authenticated and delivered hereunder.

Appears in 3 contracts

Samples: Indenture (Vishay Intertechnology Inc), Indenture (Vishay Intertechnology Inc), Indenture (Vishay Intertechnology 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

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

Temporary Debentures. Pending the preparation of definitive Definitive Debentures, the Company may execute execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery delivery, temporary Debentures that are typedprinted, printed lithographed, typewritten, mimeographed or lithographed. Temporary Debentures shall be issuable otherwise reproduced, in any authorized denomination, and substantially in the form of the definitive tenor of the Definitive Debentures in lieu of which they are issued but and with such appropriate insertions, omissions, insertions substitutions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be appropriate for temporary Debenturesprepared without unreasonable delay. The Definitive Debentures shall be printed, lithographed or engraved, or provided by any combination thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as may be determined by the CompanyOfficers executing such Definitive Debentures. Every such After the preparation of Definitive Debentures, the temporary Debenture Debentures shall be executed by exchangeable for Definitive Debentures upon surrender of 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 pursuant to Section 3.23.02 hereof, without charge to the holder thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall execute, and the Trustee or the Authenticating Agent Trustee, upon receipt of a Company Order, shall authenticate and make available for delivery delivery, in exchange for such temporary Debentures a like therefor the same 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 Definitive Debentures 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 theretoauthorized denominations. 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 hereunderDefinitive Debentures.

Appears in 3 contracts

Samples: Indenture (New York Community Bancorp Inc), Indenture (New York Community Bancorp Inc), Indenture (Commerce Bancorp Inc /Nj/)

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. SECTION 2.8.

Appears in 2 contracts

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

Temporary Debentures. Pending the preparation of definitive DebenturesDebentures in certificated forms, 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 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, 4.2 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 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 made available for delivery hereunder.

Appears in 2 contracts

Samples: Indenture (Flowers Industries Inc /Ga), Indenture (Flowers Industries Inc /Ga)

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, 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 2 contracts

Samples: Indenture (Allied Waste Industries Inc), Indenture (Wild Oats Markets 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 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 Global Debenture) 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 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 2 contracts

Samples: Blackrock Inc /Ny, Indenture (Lifepoint Hospitals, Inc.)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute and the Trustee shall or an authenticating agent appointed by the Trustee shall, upon 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 Debenture but with such omissions, insertions and variations as may be appropriate for temporary DebenturesDebenture, 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 DebenturesDebenture. Without unreasonable delay delay, the Company will shall execute and deliver to the Trustee or the Authenticating Agent definitive Debentures such authenticating agent Debenture and thereupon any or all temporary Debentures Debenture 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 such authenticating agent shall authenticate and make available for delivery deliver in exchange for such temporary Debentures a like Debenture an equal aggregate principal amount of such definitive DebenturesDebenture. 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 Debenture shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as definitive Debentures Debenture authenticated and delivered hereunder.

Appears in 2 contracts

Samples: webfiles.thecse.com, sedar-filings-backup.thecse.com

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

Samples: Schuler Holdings Inc

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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

Samples: Cooper Industries LTD

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

Samples: Tib Financial Corp.

Temporary Debentures. Pending the preparation of definitive Debentures, the Company company may execute and 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 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 maybe surrendered in exchange therefor, at the principal corporate trust office of the Trustee or at any office or agency of the company to be maintained by the Company for such purpose as provided in pursuant to Section 3.2, 5.02 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 Debentures. Such exchange shall be made by the Company 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 respect be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (SCS Transportation Inc)

Temporary Debentures. Pending the preparation of definitive -------------------- Debentures, the Company may execute and the Trustee shall or an authenticating agent appointed by the Trustee shall, upon 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 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, 5.2 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

Samples: Sequus Pharmaceuticals Inc

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

Samples: 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

Samples: Indenture (Prosperity Bancshares Inc)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute and and, upon written order of the Company, the Trustee shall authenticate and make available for delivery deliver temporary Debentures that are typed(printed, printed lithographed, typewritten or lithographedotherwise produced). Temporary Debentures shall be issuable in of any authorized 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 officers of the Company, as conclusively evidenced by their execution of such Debentures. Temporary Debentures may contain such reference to any provisions of this Indenture as may be appropriate. 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 The Company will shall execute and deliver to the Trustee or the Authenticating Agent definitive Debentures as soon as practicable, and thereupon any or all temporary Debentures may be surrendered in exchange therefor, therefor at the principal corporate trust office of the Trustee or at any office or agency to be maintained by the Company for such purposes in the City of Houston, Texas or, at the option of the registered holder, at the office or agency of the Company maintained for that purpose as provided in Section 3.2the Borough of Manhattan, The City of New York, and the Trustee or the Authenticating Agent of the Trustee shall authenticate and make available for delivery the Debenture Registrar shall register and 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 or the Trustee may require payment of a sum sufficient to cover any tax, fee tax 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

Samples: Indenture (Philip Services 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

Samples: Indenture (Bancinsurance Corp)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute and 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 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 each office or agency maintained by the Company for such purpose as provided in pursuant to Section 3.25.02, 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 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 under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Silicon Graphics Inc /Ca/)

Temporary Debentures. Pending In the preparation event that Certificated Debentures are to be issued under the terms of definitive Debenturesthis Indenture, until such Certificated Debentures are ready for delivery, 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 Debentures, 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 Certificated Debentures. Without unreasonable delay the Company will execute and deliver to the Trustee or such authenticating agent Certificated Debentures (other than in the Authenticating Agent definitive Debentures case of Global Debentures) and thereupon any or all temporary Debentures (other than any such Global Debenture) 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 Certificated 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 Certificated Debentures authenticated and delivered hereunder.

Appears in 1 contract

Samples: Lucent Technologies Inc

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