Temporary Debentures. Pending the preparation of Definitive Debentures, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that are printed, lithographed, typewritten, mimeographed or otherwise reproduced, in any authorized denomination, substantially of the tenor of the Definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, 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 prepared 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 determined by the Officers executing such Definitive Debentures. 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 maintained by the Company for such purpose pursuant to Section 3.02 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, upon receipt of a Company Order, shall authenticate and make available for delivery, in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominations. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive Debentures.
Appears in 3 contracts
Sources: Indenture (New York Community Bancorp Inc), Indenture (Commerce Bancorp Inc /Nj/), Indenture (New York Community Bancorp Inc)
Temporary Debentures. Pending the preparation of Definitive Debentures, the The Company may executeexecute temporary Debentures, and upon receipt of a Company Order Order, the Trustee shall be authorized to and shall authenticate and make such temporary Debentures available for delivery, temporary . Temporary Debentures that are shall be printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially in the same series and principal amount and of like tenor as the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers of the Company executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If Such temporary Debentures are issuedmay be in global form. Except in the case of temporary Debentures in global form, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures which shall be printed, lithographed or engraved, or provided by any combination exchanged in accordance with the provisions thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After after the preparation of Definitive definitive Debentures, the temporary Debentures shall be exchangeable for Definitive definitive Debentures of the same series upon surrender of the temporary Debentures at the office Office or agency maintained by Agency of the Company designated for such purpose pursuant to Section 3.02 hereof2.04, without charge to the holder Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall executeexecute a like principal amount of definitive Debentures of the same series of authorized denominations, and the Trustee, upon receipt of a Company Order, shall be authorized to and shall authenticate and make such Debentures available for delivery, delivery in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominationstherefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive definitive Debentures.
Appears in 3 contracts
Sources: Indenture (New York Community Bancorp Inc), Indenture (New York Community Capital Trust I), Indenture (New York Community Bancorp Inc)
Temporary Debentures. Pending the preparation of Definitive Debentures, the The Company may executeexecute temporary Debentures, and upon receipt of a Company Order Order, the Trustee shall authenticate and make such temporary Debentures available for delivery, temporary . Temporary Debentures that are shall be printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially in the same series and principal amount and of like tenor as the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers of the Company executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If Such temporary Debentures are issuedmay be in global form. Except in the case of temporary Debentures in global form, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures which shall be printed, lithographed or engraved, or provided by any combination exchanged in accordance with the provisions thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After after the preparation of Definitive definitive Debentures, the temporary Debentures shall be exchangeable for Definitive definitive Debentures of the same series upon surrender of the temporary Debentures at the office Office or agency maintained by Agency of the Company designated for such purpose pursuant to Section 3.02 hereof2.4, without charge to the holder Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall executeexecute a like principal amount of definitive Debentures of the same series of authorized denominations, and the Trustee, upon receipt of a Company Order, shall authenticate and make such Debentures available for delivery, delivery in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominationstherefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive definitive Debentures.
Appears in 3 contracts
Sources: Indenture (Prudential Financial Inc), Indenture (Prudential Financial Inc), Indenture (Prudential Financial Inc)
Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that of such series which are printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially of the tenor of the Definitive definitive Debentures of such series in lieu of which they are issued issued, in registered form or, if authorized, in bearer form with one or more coupons or without coupons, and with such appropriate insertions, omissions, substitutions and other variations as the Officers officers executing such Debentures or Coupons may determine, as conclusively evidenced by their execution of such Debentures or Coupons. In the case of Debentures of any series issuable as Bearer Debentures. If , such temporary Debentures may be in global form. A temporary Bearer Debenture shall be delivered only in compliance with the conditions set forth in Section 3.3. Except in the case of temporary Debentures in global form issued in a transaction exempt from registration under the Securities Act of 1933, as amended, pursuant to Regulation S thereunder (a "Regulation S Debenture")(which shall be exchanged in accordance with the provisions of the following paragraphs), if temporary Debentures of any series are issued, the Company shall will cause Definitive definitive Debentures of such series to be prepared 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 determined by the Officers executing such Definitive Debentures. After the preparation of Definitive Debenturesdefinitive Debentures of such series, the temporary Debentures of such series shall be exchangeable for Definitive definitive Debentures of such series upon surrender of the temporary Debentures of such series at the office or agency maintained by of the Company for such purpose maintained pursuant to Section 3.02 hereof10.2 in a Place of Payment for such series for the purpose of exchanges of Debentures of such series, without charge to the holder thereofHolder. Upon surrender for cancellation of any one or more temporary Debentures, Debentures of any series (accompanied by any unmatured Coupons appertaining thereto) the Company shall execute, execute and the Trustee, upon receipt of a Company Order, Trustee shall authenticate and make available for delivery, delivery in exchange therefor the same a like aggregate principal amount of Definitive definitive Debentures of such series and of like tenor of authorized denominations; provided, however, that no definitive Bearer Debenture shall be delivered in exchange for a temporary Registered Debenture. Until so exchangedIf temporary Regulation S Debentures of any series are issued in global form, the any such temporary Debentures shall in all respects global Regulation S Debenture shall, unless otherwise provided therein, be entitled delivered to the same benefits under this Indenture London office of a depositary or common depositary (the "Common Depositary"), for the benefit of Euro-clear and Cedel S.A., for credit to the respective accounts of the beneficial owners of such Debentures (or to such other accounts as Definitive Debenturesthey may direct).
Appears in 2 contracts
Sources: Indenture (Sun Healthcare Group Inc), Indenture (Sun Healthcare Group Inc)
Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Debentures that are (printed, lithographed, lithographed or typewritten, mimeographed or otherwise reproduced, in ) of any authorized denomination, and substantially in the form of the tenor of the Definitive definitive Debentures in lieu of which they are issued and issued, but with such appropriate insertions, omissions, substitutions insertions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such be appropriate for temporary Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared 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 Officers executing Company. Every 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 like effect, as the definitive Debentures of such Definitive Debenturesseries. After Without unnecessary delay the preparation Company will execute and will furnish definitive Debentures of Definitive Debentures, the such series and thereupon any or all temporary Debentures shall of such series may be exchangeable for Definitive Debentures upon surrender of surrendered in exchange therefor (without charge to the temporary Debentures holders), at the office or agency maintained by of the Company designated for such the purpose pursuant to Section 3.02 hereof, without charge to the holder thereof. Upon surrender in a Place of Payment for cancellation of any one or more temporary Debentures, the Company shall executethat series, and the Trustee, upon receipt of a Company Order, Trustee shall authenticate and make available for delivery, such office or agency shall deliver in exchange therefor the same for such temporary Debentures an equal aggregate principal amount of Definitive definitive Debentures of authorized denominationssuch series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall in all respects be entitled to the same benefits under this Indenture as Definitive Debenturesdefinitive Debentures of such series authenticated and delivered hereunder.
Appears in 2 contracts
Sources: Junior Indenture (Hawaiian Electric Industries Inc), Indenture (Hei Preferred Funding L P)
Temporary Debentures. Pending the preparation of Definitive DebenturesDebentures hereunder, the Company may execute, and upon receipt of a Company Order the Trustee shall shall, at the expense of the Company, authenticate and make available for deliverydeliver, temporary Debentures that which are printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially of the tenor of the such Definitive Debentures in lieu of which they are issued issued, in registered form and with such appropriate insertions, omissions, substitutions and other variations as the Officers officers executing such temporary Debentures may determine, as conclusively evidenced by their execution of such temporary Debentures. Every temporary Debenture shall be executed by the Company and authenticated by the Trustee and registered by the Registrar, upon the same conditions, and with like effect, as a Definitive Debenture. If temporary Debentures are issued, the Company shall will cause Definitive Debentures to be prepared 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 determined by the Officers executing such Definitive Debentures. After the preparation of such Definitive Debentures, the temporary Debentures shall be exchangeable for such Definitive Debentures upon surrender of the temporary Debentures at the office or agency maintained by of the Company for such purpose pursuant to Section 3.02 hereofin the Place of Payment, without charge to the holder thereofHolder. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall execute, execute and the TrusteeTrustee shall, upon receipt at the expense of a Company Orderthe Company, shall authenticate and make available for delivery, deliver in exchange therefor the same one or more Definitive Debentures, of any authorized denominations and of a like aggregate principal amount of Definitive Debentures of authorized denominationsand tenor. Until so exchanged, the exchanged such temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive Debentures.
Appears in 2 contracts
Sources: Indenture (Berkshire Hathaway Energy Co), Indenture (Midamerican Energy Holdings Co /New/)
Temporary Debentures. Pending the preparation of Definitive Debentures, the The Company may executeexecute temporary Debentures, and upon receipt of a Company Order the Company's Order, the Trustee shall authenticate and make such temporary Debentures available for delivery, temporary . Temporary Debentures that are shall be printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially in the same series and principal amount and of like tenor as the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers of the Company executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If Such temporary Debentures are issuedmay be in global form. Except in the case of temporary Debentures in global form, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures which shall be printed, lithographed or engraved, or provided by any combination exchanged in accordance with the provisions thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After after the preparation of Definitive definitive Debentures, the temporary Debentures shall be exchangeable for Definitive definitive Debentures of the same series upon surrender of the temporary Debentures at the office Office or agency maintained by Agency of the Company designated for such purpose pursuant to Section 3.02 hereof2.4, without charge to the holder Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall executeexecute a like principal amount of definitive Debentures of the same series of authorized denominations, and the Trustee, upon receipt of a Company Order, shall authenticate and make such Debentures available for delivery, delivery in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominationstherefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive definitive Debentures.
Appears in 2 contracts
Sources: Indenture (Anthem Inc), Indenture (Anthem Inc)
Temporary Debentures. Pending the preparation of Definitive Debentures, the The Company may executeexecute temporary Debentures, and upon receipt of a Company Order the Company's Order, the Trustee shall authenticate and make such temporary Debentures available for delivery, temporary . Temporary Debentures that are shall be printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially in the same series and principal amount and of like tenor as the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers of the Company executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If Such temporary Debentures are issuedmay be in global form. Except in the case of temporary Debentures in global form, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures which shall be printed, lithographed or engraved, or provided by any combination exchanged in accordance with the provisions thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After after the preparation of Definitive definitive Debentures, the temporary Debentures shall be exchangeable for Definitive definitive Debentures of the same series upon surrender of the temporary Debentures at the office Office or agency maintained by Agency of the Company designated for such purpose pursuant to Section 3.02 hereof2.4, without charge to the holder Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall executeexecute a like principal amount of definitive Debentures of the same series of authorized denominations, and the Trustee, upon receipt of a Company Order, shall authenticate and make such Debentures available for delivery, delivery in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominations. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive Debentures.exchange
Appears in 2 contracts
Sources: Indenture (Metlife Capital Trust I), Indenture (Metlife Capital Trust I)
Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and 26 make available for delivery, temporary Debentures that are (printed, lithographed, lithographed or typewritten, mimeographed or otherwise reproduced, in ) of any authorized denomination, and substantially in the form of the tenor of the Definitive definitive Debentures in lieu of which they are issued and issued, but with such appropriate insertions, omissions, substitutions insertions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such be appropriate for temporary Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared 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 Officers executing Company. Every 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 like effect, as the definitive Debentures of such Definitive Debenturesseries. After Without unnecessary delay the preparation Company will execute and will furnish definitive Debentures of Definitive Debentures, the such series and thereupon any or all temporary Debentures shall of such series may be exchangeable for Definitive Debentures upon surrender of surrendered in exchange therefor (without charge to the temporary Debentures holders), at the office or agency maintained by of the Company designated for such the purpose pursuant to Section 3.02 hereofin the Borough of Manhattan, without charge to the holder thereof. Upon surrender for cancellation The City and State of any one New York or more temporary DebenturesWilmington, the Company shall executeDelaware, and the Trustee, upon receipt of a Company Order, Trustee shall authenticate and such office or agency shall make available for delivery, delivery in exchange therefor the same for such temporary Debentures an equal aggregate principal amount of Definitive definitive Debentures of authorized denominationssuch series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall in all respects be entitled to the same benefits under this Indenture as Definitive Debenturesdefinitive Debentures of such series authenticated and delivered hereunder.
Appears in 1 contract
Sources: Indenture (K N Capital Trust Iii)
Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that of such series which are printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially of the tenor of the Definitive definitive Debentures of such series in lieu of which they are issued issued, in registered form or, if authorized, in bearer form with one or more coupons or without coupons, and with such appropriate insertions, omissions, substitutions and other variations as the Officers officers executing such Debentures or Coupons may determine, as conclusively evidenced by their execution of such Debentures or Coupons. In the case of Debentures of any series issuable as Bearer Debentures. If , such temporary Debentures may be in global form. A temporary Bearer Debenture shall be delivered only in compliance with the conditions set forth in Section 3.3. Except in the case of temporary Debentures in global form issued in a transaction exempt from registration under the Securities Act of 1933, as amended, pursuant to Regulation S thereunder (a "Regulation S Debenture")(which shall be exchanged in accordance with the provisions of the following paragraphs), if temporary Debentures of any series are issued, the Company shall will cause Definitive definitive Debentures of such series to be prepared 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 determined by the Officers executing such Definitive Debentures. After the preparation of Definitive Debenturesdefinitive Debentures of such series, the temporary Debentures of such series shall be exchangeable for Definitive definitive Debentures of such series upon surrender of the temporary Debentures of such series at the office or agency maintained by of the Company for such purpose maintained pursuant to Section 3.02 hereof10.2 in a Place of Payment for such series for the purpose of ex- changes of Debentures of such series, without charge to the holder thereofHolder. Upon surrender for cancellation of any one or more temporary DebenturesDebentures of any series (accompa- ▇▇▇▇ by any unmatured Coupons appertaining thereto) the Company shall execute and the Trustee shall authenticate and make available for delivery in exchange therefor a like aggregate principal amount of definitive Debentures of such series and of like tenor of authorized denominations; provided, however, that no definitive Bearer Debenture shall be delivered in exchange for a temporary Registered Debenture. If temporary Regulation S Debentures of any series are issued in global form, any such temporary global Regulation S Debenture shall, unless otherwise provided therein, be delivered to the London office of a depositary or common depositary (the "Common Depositary"), for the benefit of Euro-clear and Cedel S.A., for credit to the respective accounts of the beneficial owners of such Debentures (or to such other accounts as they may direct). Without unnecessary delay but in any event not later than the date specified in, or determined pursuant to the terms of, any such temporary global Regulation S Debenture of any series (the "Exchange Date"), the Company shall executedeliver to the Trustee definitive Debentures of such series, and in aggregate principal amount equal to the principal amount of such temporary global Regulation S Debenture, executed by the Company. On or after the Exchange Date such temporary global Regulation S Debenture shall be surrendered by the Common Depositary to the Trustee, upon receipt as the Company's agent for such purpose, to be exchanged, in whole or from time to time in part, for definitive Debentures of a Company Order, such series without charge and the Trustee shall authenticate and make available for delivery, in exchange therefor the same for each portion of such temporary global Regulation S Debenture, a like aggregate principal amount of Definitive definitive Debentures of such series of authorized denominations. Until so denominations and of like tenor as the portion of such temporary global Regulation S Debenture to be exchanged; provided, however, that, unless otherwise specified in such temporary global Regulation S Debenture, upon such presentation by the Common Depositary, such temporary global Regulation S Debenture is accompanied by a certificate dated the Exchange Date or a subsequent date and signed by Euro-clear as to the portion of such temporary global Regulation S Debenture held for its account then to be exchanged and a certificate dated the Exchange Date or a subsequent date and signed by Cedel S.A. as to the portion of such temporary global Regulation S Debenture held for its account then to be exchanged, each in the form or in such form as shall be specified in such Regulation S Debenture. The definitive Debentures of such series to be delivered in exchange for any such temporary Debentures global Regulation S Debenture shall be in all respects be entitled to the same benefits under this Indenture bearer form, registered form, permanent global bearer form or permanent global registered form, or any combination thereof, as Definitive Debentures.specified as contemplated by Section 3.1, and,
Appears in 1 contract
Temporary Debentures. Pending the preparation of Definitive Debentures, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that are printed, lithographed, typewritten, mimeographed typewritten or otherwise reproduced, in any authorized denomination, substantially of the tenor of the Definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers 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 prepared 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 securities exchange on which the Debentures exchangemay be listed, all as determined by the Officers officers executing such Definitive Debentures. 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 maintained by the Company for such purpose pursuant to Section 3.02 3.2 hereof, without charge to the holder thereofHolder. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall execute, and the Trustee, upon receipt of a Company Order, Trustee shall authenticate and make available for delivery, in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominations. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive Debentures.
Appears in 1 contract
Sources: Indenture (Mmi Companies Inc)
Temporary Debentures. Pending the preparation of Definitive Debentures, the The Company may executeexecute temporary Debentures, and upon receipt of a Company Order Order, the Trustee shall authenticate and make such temporary Debentures available for delivery, temporary . Temporary Debentures that are shall be printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially in the same series and principal amount and of like tenor as the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers of the Company executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If Such temporary Debentures are issuedmay be in global form. Except in the case of temporary Debentures in global form, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures which shall be printed, lithographed or engraved, or provided by any combination exchanged in accordance with the provisions thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After after the preparation of Definitive definitive Debentures, the temporary Debentures shall be exchangeable for Definitive definitive Debentures of the same series upon surrender of the temporary Debentures at the office Office or agency maintained by Agency of the Company designated for such purpose pursuant to Section 3.02 hereof2.04, without charge to the holder Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall executeexecute a like principal amount of definitive Debentures of the same series of authorized denominations, and the Trustee, upon receipt of a Company Order, shall authenticate and make such Debentures available for delivery, delivery in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominationstherefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive definitive Debentures.
Appears in 1 contract
Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that are printed, lithographed, typewritten, mimeographed or otherwise reproduced, in of any authorized denomination, and substantially in the form of the tenor of the Definitive definitive Debentures in lieu of which they are issued and issued, but with such appropriate insertions, omissions, substitutions insertions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such be appropriate for temporary Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared 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 Officers executing Company. Every 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 like effect, as the definitive Debentures of such Definitive Debenturesseries. After Without unnecessary delay the preparation Company will execute and will furnish definitive Debentures of Definitive Debentures, the such series and thereupon any or all temporary Debentures shall of such series may be exchangeable for Definitive Debentures upon surrender of surrendered in exchange therefor (without charge to the temporary Debentures Holders), at the office or agency maintained of the Company designated for the purpose in the City of Wilmington, State of Delaware, or such other location designated by the Company for such purpose pursuant to Section 3.02 hereof, without charge to the holder thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall executeCompany, and the Trustee, upon receipt of a Company Order, Trustee shall authenticate and such office or agency shall make available for delivery, delivery in exchange therefor the same for such temporary Debentures an equal aggregate principal amount of Definitive definitive Debentures of authorized denominationssuch series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall in all respects be entitled to the same benefits under this Indenture as Definitive Debenturesdefinitive Debentures of such series authenticated and delivered hereunder.
Appears in 1 contract
Sources: Indenture (Lodgian Inc)
Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that are (printed, lithographed, lithographed or typewritten, mimeographed or otherwise reproduced, in ) of any authorized denomination, and substantially in the form of the tenor of the Definitive definitive Debentures in lieu of which they are issued and issued, but with such appropriate insertions, omissions, substitutions insertions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such be appropriate for temporary Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared 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 Officers executing such Definitive DebenturesCompany. After the preparation Every temporary Debenture of Definitive Debentures, the temporary Debentures any series shall be exchangeable for Definitive Debentures upon surrender of the temporary Debentures at the office or agency maintained executed by the Company for and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures of such purpose pursuant to Section 3.02 hereof, series. Without unnecessary delay the Company will execute and will furnish definitive Debentures of such series and thereupon any or all temporary Debentures of such series may be surrendered in exchange therefor (without charge to the holder thereof. Upon surrender for cancellation holders), at a Place of any one or more temporary Debentures, the Company shall executePayment, and the Trustee, upon receipt of a written order of the Company Ordersigned by its Chief Executive Officer, President or any Vice President and its Treasurer or any Assistant Treasurer and the Trustee shall authenticate and make available for delivery, deliver in exchange therefor the same for such temporary Debentures an equal aggregate principal amount of Definitive definitive Debentures of authorized denominationssuch series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall in all respects be entitled to the same benefits under this Indenture as Definitive Debenturesdefinitive Debentures of such series authenticated and delivered hereunder.
Appears in 1 contract
Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that are (printed, lithographed, lithographed or typewritten, mimeographed or otherwise reproduced, in ) of any authorized denomination, and substantially in the form of the tenor of the Definitive definitive Debentures in lieu of which they are issued and issued, but with such appropriate insertions, omissions, substitutions insertions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such be appropriate for temporary Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared 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 Officers executing Company. Every 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 like effect, as the definitive Debentures of such Definitive Debenturesseries. After Without unnecessary delay the preparation Company will execute and will furnish definitive Debentures of Definitive Debentures, the such series and thereupon any or all temporary Debentures shall of such series may be exchangeable for Definitive Debentures upon surrender of surrendered in exchange therefor (without charge to the temporary Debentures holders), at the office or agency maintained by of the Company designated for such the purpose pursuant to Section 3.02 hereofin the Borough of Manhattan, without charge to the holder thereof. Upon surrender for cancellation The City and State of any one New York or more temporary DebenturesWilmington, the Company shall executeDelaware, and the Trustee, upon receipt of a Company Order, Trustee shall authenticate and such office or agency shall make available for delivery, delivery in exchange therefor the same for such temporary Debentures an equal aggregate principal amount of Definitive definitive Debentures of authorized denominationssuch series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall in all respects be entitled to the same benefits under this Indenture as Definitive Debenturesdefinitive Debentures of such series authenticated and delivered hereunder.
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Temporary Debentures. Pending the preparation of Definitive Debentures, the The Company may executeexecute --------------------- temporary Debentures, and upon receipt of a Company Order the Company's Order, the Trustee shall authenticate and make such temporary Debentures available for delivery, temporary . Temporary Debentures that are shall be printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially in the same principal amount and of like tenor as the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers of the Company 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 prepared 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 determined by the Officers executing such Definitive Debentures. After the preparation of Definitive definitive Debentures, the temporary Debentures shall be exchangeable for Definitive definitive Debentures upon surrender of the temporary Debentures at the office or agency maintained by of the Company designated for such purpose pursuant to Section 3.02 2.05 hereof, without charge to the holder Holders thereof. Upon surrender for cancellation cancelation of any one or more temporary Debentures, the Company shall executeexecute a like principal amount of definitive Debentures of authorized denominations, and the Trustee, upon receipt of a Company Order, shall authenticate and make such Debentures available for delivery, delivery in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominationstherefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive definitive Debentures.
Appears in 1 contract
Sources: Indenture (SJG Capital Trust)
Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Debentures that which are printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially of the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers officer or officers executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If temporary Debentures of any series are issued, the Company shall will cause Definitive definitive Debentures of that series to be prepared 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 determined by the Officers executing such Definitive Debentures. After the preparation of Definitive Debenturesdefinitive Debentures of such series, the temporary Debentures of such series shall be exchangeable for Definitive definitive Debentures of such series upon surrender of the temporary Debentures of such series at the office or agency maintained by of the Company in a Place of Payment for such purpose pursuant to Section 3.02 hereofthat series, without charge to the holder thereofHolder. Upon surrender for cancellation of any one or more temporary Debentures, Debentures of any series the Company shall execute, execute and the Trustee, upon receipt of a Company Order, Trustee shall authenticate and make available for delivery, deliver in exchange therefor the same aggregate a like principal amount of Definitive definitive Debentures of the same series and of like tenor of authorized denominations. Until so exchanged, exchanged the temporary Debentures of any series shall in all respects be entitled to the same benefits under this Indenture as Definitive Debenturesdefinitive Debentures of such series.
Appears in 1 contract
Sources: Indenture (Utilicorp United Inc)
Temporary Debentures. Pending the preparation of Definitive definitive Debentures, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that are printed, lithographed, typewritten, mimeographed or otherwise reproduced, in any authorized denomination, substantially of the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers 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 definitive Debentures to be prepared without unreasonable delay. The Definitive 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 principal national securities exchange, if any, on which the Debentures exchangeare listed, all as determined by the Officers executing such Definitive definitive Debentures. After the preparation of Definitive definitive Debentures, the temporary Debentures shall be exchangeable for Definitive definitive Debentures upon surrender of the temporary Debentures at the office or agency maintained by the Company for such purpose pursuant to Section 3.02 4.2 hereof, without charge to the holder thereofHolder. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall execute, and the Trustee, upon receipt of a Company Order, Trustee shall authenticate and make available for delivery, in exchange therefor the same aggregate principal amount of Definitive definitive Debentures of authorized denominations. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive definitive Debentures.
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Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that are (printed, lithographed, lithographed or typewritten, mimeographed or otherwise reproduced, in ) of any authorized denomination, and substantially in the form of the tenor of the Definitive definitive Debentures in lieu of which they are issued and issued, but with such appropriate insertions, omissions, substitutions insertions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such be appropriate for temporary Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared 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 Officers executing such Definitive DebenturesCompany. After the preparation Every temporary Debenture of Definitive Debentures, the temporary Debentures any series shall be exchangeable for Definitive Debentures upon surrender of the temporary Debentures at the office or agency maintained executed by the Company for and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures of such purpose pursuant to Section 3.02 hereof, series. Without unnecessary delay the Company will execute and will furnish definitive Debentures of such series and thereupon any or all temporary Debentures of such series may be surrendered in exchange therefor (without charge to the holder thereof. Upon surrender for cancellation holders), at a Place of any one or more temporary Debentures, the Company shall executePayment, and the Trustee, upon receipt of a written order of the Company Ordersigned by one Officer of the Company, the Trustee shall authenticate and make available for delivery, deliver in exchange therefor the same for such temporary Debentures an equal aggregate principal amount of Definitive definitive Debentures of authorized denominationssuch series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall in all respects be entitled to the same benefits under this Indenture as Definitive Debenturesdefinitive Debentures of such series authenticated and delivered hereunder.
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Sources: Indenture (Seitel Capital Trust Ii)
Temporary Debentures. Pending the preparation of Definitive Debentures, the The Company may executeexecute temporary Debentures, and upon receipt of a Company Order Order, the Trustee shall authenticate and make such temporary Debentures available for delivery, temporary . Temporary Debentures that are shall be printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially in the same series and principal amount and of like tenor as the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers of the Company executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If Such temporary Debentures are issuedmay be in global form. Except in the case of temporary Debentures in global form, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures which shall be printed, lithographed or engraved, or provided by any combination exchanged in accordance with the provisions thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After after the preparation of Definitive definitive Debentures, the temporary Debentures shall be exchangeable for Definitive definitive Debentures of the same series upon surrender of the temporary Debentures at the office Office or agency maintained by Agency of the Company designated for such purpose pursuant to Section 3.02 hereof2.4, without charge to the holder Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall executeexecute a like principal amount of definitive Debentures of the same series of authorized denominations, and the Trustee, upon receipt of a Company Order, shall authenticate and make such Debentures available for delivery, delivery in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominations. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive Debentures.exchange
Appears in 1 contract
Sources: Indenture (Metlife Inc)
Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that are (printed, lithographed, lithographed or typewritten, mimeographed or otherwise reproduced, in ) of any authorized denomination, and substantially in the form of the tenor of the Definitive definitive Debentures in lieu of which they are issued and issued, but with such appropriate insertions, omissions, substitutions insertions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such be appropriate for temporary Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared 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 Officers executing such Definitive DebenturesCompany. After the preparation Every temporary Debenture of Definitive Debentures, the temporary Debentures any series shall be exchangeable for Definitive Debentures upon surrender of the temporary Debentures at the office or agency maintained executed by the Company for and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures of such purpose pursuant to Section 3.02 hereof, series. Without unnecessary delay the Company will execute and will furnish definitive Debentures of such series and thereupon any or all temporary Debentures of such series may be surrendered in exchange therefor (without charge to the holder thereof. Upon surrender for cancellation holders), at a Place of any one or more temporary Debentures, the Company shall executePayment, and the Trustee, upon receipt of a written order of the Company Ordersigned by two Officers of the Company, the Trustee shall authenticate and make available for delivery, deliver in exchange therefor the same for such temporary Debentures an equal aggregate principal amount of Definitive definitive Debentures of authorized denominationssuch series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall in all respects be entitled to the same benefits under this Indenture as Definitive Debenturesdefinitive Debentures of such series authenticated and delivered hereunder.
Appears in 1 contract
Sources: Indenture (Centex Trust Ii)