Common use of Temporary Notes Clause in Contracts

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Company, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon written request from the Company, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 12 contracts

Samples: Cleveland-Cliffs Inc., Registration Rights Agreement (Cleveland-Cliffs Inc.), Registration Rights Agreement (Cliffs Natural Resources Inc.)

AutoNDA by SimpleDocs

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon written request from the Companyreceipt of a Company Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 11 contracts

Samples: Master Agreement (GCP Applied Technologies Inc.), Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers consider appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon written request from the Companyreceipt of a Company Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 9 contracts

Samples: Indenture (Atento S.A.), Indenture (iHeartMedia, Inc.), Indenture (Broader Media, LLC)

Temporary Notes. In the event that Definitive Until definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are prepared and ready for delivery, the Company may prepare execute and upon a Company Order the Trustee shall, upon written request from the Company, shall authenticate and deliver temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the formform of definitive Notes, and shall carry all rightsin any authorized denominations, of Definitive Notes but may have variations that the Company reasonably considers appropriate for temporary Notes as conclusively evidenced by the Company's execution of such temporary Notes. Without unreasonable delayIf temporary Notes are issued, the Company shall prepare and will cause definitive Notes to be prepared without unreasonable delay but in no event later than the Trustee shall, upon written request from date that the Company, authenticate Definitive NotesExchange Offer is consummated. After the preparation of Definitive definitive Notes, the temporary Notes shall be exchangeable for Definitive definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by of the Company designated for that such purpose and such exchange shall be pursuant to Section 10.02 hereof, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of Notesdefinitive Notes of like tenor and of authorized denominations. Until so exchanged, exchanged the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 9 contracts

Samples: Indenture (Wam Net Inc), Indenture (RCN Corp /De/), RCN Corp /De/

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuers may prepare and the Trustee shall, upon written request from the Company, or Authenticating Agent shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company Issuers considers appropriate for temporary Notes. Without unreasonable delay, the Company Issuers shall prepare and the Trustee shall, upon written request from the Company, or Authenticating Agent shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuers for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuers shall execute, and the Trustee or Authenticating Agent shall, upon written request from the Companyreceipt of an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 8 contracts

Samples: Indenture (Affinity Gaming, LLC), Supplemental Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and upon receipt of a Company Order the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and upon receipt of a Company Order the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon written request from the Companyreceipt of a Company Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 7 contracts

Samples: Indenture (TripAdvisor, Inc.), Indenture (loanDepot, Inc.), Indenture (Diversey Holdings, Ltd.)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuer may prepare and the Trustee shall, upon written request from the Company, or Authenticating Agent shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company Issuer considers appropriate for temporary Notes. Without unreasonable delay, the Company Issuer shall prepare and the Trustee shall, upon written request from the Company, or Authenticating Agent shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuer for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuer shall execute, and the Trustee or Authenticating Agent shall, upon written request from the Companyreceipt of an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 7 contracts

Samples: Indenture (Cott Corp /Cn/), Indenture (Avis Budget Group, Inc.), Indenture (Churchill Downs Inc)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuers may prepare and the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers Issuers consider appropriate for temporary Notes. Without unreasonable delay, the Company Issuers shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuers for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuers shall execute, and the Trustee shall, upon written request from the Companyreceipt of an Issuers Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 6 contracts

Samples: Indenture (Ladder Capital Corp), Indenture (Ladder Capital Corp), Indenture (Ladder Capital Finance Corp)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute and the Trustee or an authenticating agent appointed by the Trustee shall, upon written request from of the Company, authenticate and deliver temporary Notes, which shall be maintained in registered form in accordance with Section 2.03Notes (printed or lithographed). Temporary Notes shall be issuable in any authorized denomination, and substantially in the formform of the Global Notes or the Definitive Notes, as the case may be, but with such omissions, insertions and shall carry all rights, of Definitive Notes but variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company. Every such temporary Note shall be executed by the Company and 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 Notes or Global Notes. Without unreasonable delay, delay the Company shall prepare will execute and deliver to the Trustee shall, upon written request from the Company, authenticate or such authenticating agent Definitive Notes. After the preparation of Definitive Notes, the Notes and Global Notes and thereupon any or all temporary Notes shall may be exchangeable surrendered in exchange for Definitive Notes upon surrender of the temporary Notes applicable replacement Note, at any each office or agency maintained by the Company pursuant to Section 5.2 and the Trustee or such authenticating agent shall authenticate and deliver in exchange for that purpose and such temporary Notes an equal aggregate principal amount of Definitive Notes or Global Notes, as the case may be. Such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, made by the Company shall execute, at its own expense and the Trustee shall, upon written request from the Company, authenticate and make available for delivery in exchange without any charge therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as a Holder of Definitive Notes or Global Notes, as the case may be, authenticated and delivered hereunder.

Appears in 6 contracts

Samples: Indenture (Electroglas Inc), Indenture (Electroglas Inc), Securities Purchase Agreement (Rockford Corp)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Until certificates representing Notes are ready for delivery, the Company Issuers may prepare and the Trustee shallTrustee, upon written request from the Companyreceipt of an Authentication Order, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, form of Definitive certificated Notes but may have variations that the Company Issuers considers appropriate for temporary NotesNotes and as shall be reasonably acceptable to the Trustee. Without unreasonable delay, the Company Issuers shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes in exchange for temporary Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by the Company Issuers for that such purpose and such exchange shall be pursuant to Section 4.02 hereof, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuers shall execute, and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery delivery, in exchange therefor, one or more Definitive Notes representing an equal thereof the same aggregate principal amount of NotesDefinitive Notes of authorized denominations. Until so exchanged, the Holder Holders of temporary Notes shall in all respects be entitled to all of the same benefits under of this Indenture as a Holder of Definitive NotesIndenture.

Appears in 6 contracts

Samples: Indenture (Comdisco Holding Co Inc), Comdisco Holding Co Inc, Comdisco Inc

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute and deliver to the Trustee shalland, upon written request from Company Order, the CompanyTrustee shall authenticate and deliver temporary Notes which are printed, authenticate lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Notes in lieu of which they are issued, in registered form and with such appropriate insertions, omissions, substitutions and other variations as the officers of the Company executing such Notes may determine, as conclusively evidenced by their execution of such Notes. Such temporary NotesNotes may be in global form. Except in the case of temporary Notes in global form, which shall be maintained in registered form exchanged in accordance with Section 2.03. Temporary the provisions thereof, if temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delayare issued, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Notescause definitive Notes to be prepared without unreasonable delay. After the preparation of Definitive definitive Notes, the such temporary Notes shall be exchangeable for Definitive such definitive Notes upon surrender of the such temporary Notes at any office an Office or agency maintained by the Company Agency for that purpose and such exchange shall be Notes, without charge to the Holderany Holder thereof. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of Notesdefinitive Notes of authorized denominations. Until Unless otherwise provided in or pursuant to this Indenture with respect to a temporary Global Note, until so exchanged, exchanged the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 5 contracts

Samples: Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Company, or Authenticating Agent shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, or Authenticating Agent shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee or Authenticating Agent shall, upon written request from the Companyreceipt of an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 5 contracts

Samples: Supplemental Indenture (IAA Spinco Inc.), Indenture (KAR Auction Services, Inc.), Churchill Downs Incorporated (Churchill Downs Inc)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute, and upon Company Order the Trustee shallshall authenticate and deliver, upon written request from the Companytemporary Notes which are printed, authenticate temporary Noteslithographed, which shall be maintained typewritten, mimeographed or otherwise produced, in any authorized denomination, in registered form in accordance without coupons and with Section 2.03such appropriate insertions, omissions, substitutions and other variations as the officers executing such Notes may determine, as evidenced by their execution of such Notes. Temporary Notes Every temporary Note shall be substantially in executed by the formCompany and authenticated by the Trustee and registered by the Note Registrar, upon the same conditions, and shall carry all rightswith like effect, of Definitive as a definitive Note. If temporary Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delayare issued, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Noteswill cause definitive Notes to be prepared without unreasonable delay. After the preparation of Definitive definitive Notes, the temporary Notes shall be exchangeable for Definitive definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by of the Company for that purpose and such exchange shall be in the Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, therefor one or more Definitive Notes representing an equal definitive Notes, of any authorized denominations and of a like aggregate principal amount of Notesamount. Until so exchanged, exchanged the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 5 contracts

Samples: Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuer may prepare and the U.S. Trustee shall, upon written request from the Company, or Authenticating Agent shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company Issuer considers appropriate for temporary Notes. Without unreasonable delay, the Company Issuer shall prepare and the U.S. Trustee shall, upon written request from the Company, or Authenticating Agent shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuer for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuer shall execute, and the U.S. Trustee or Authenticating Agent shall, upon written request from the Companyreceipt of an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 4 contracts

Samples: Indenture (Cott Corp /Cn/), Indenture (Cott Corp /Cn/), Indenture (Primo Water Corp /CN/)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Company, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After Pending the preparation of Definitive Notes, the Company may execute, and upon Company Order, the Trustee shall authenticate and deliver, temporary Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the Definitive Notes in lieu of which they are issued, in registered form, and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Notes may determine, as conclusively evidenced by their execution of such Notes. Such temporary Notes may be in global form. Except in the case of temporary Notes in global form (which shall be exchanged in accordance with or pursuant to a Board Resolution), if temporary Notes of any series are issued, the Company will cause Definitive Notes of that series to be prepared without unreasonable delay. After the preparation of Definitive Notes of such series, the temporary Notes of such series shall be exchangeable for Definitive Notes of such series upon surrender of the temporary Notes of such series at any the office or agency maintained by of the Company in a Place of Payment for that purpose and such exchange shall be series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary NotesNotes of any series, the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of NotesDefinitive Notes of the same series and authorized denominations. Until so exchanged, the Holder of temporary Notes of any series shall in all respects be entitled to the same benefits under this Indenture as a Holder Definitive Notes of Definitive Notessuch series.

Appears in 4 contracts

Samples: Carramerica Realty Corp, Carramerica Realty Corp, Indenture (Carramerica Realty Corp)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuer may prepare and the Trustee shall, upon written request from the Companyreceipt of an Issuer Order, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company Issuer considers appropriate for temporary Notes. Without unreasonable delay, the Company Issuer shall prepare and the Trustee shall, upon written request from the Companyreceipt of an Issuer Order, authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuer for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuer shall execute, and the Trustee shall, upon written request from the Companyreceipt of an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 4 contracts

Samples: Indenture (Knife River Holding Co), Indenture (Hersha Hospitality Trust), Credit Agreement (Embecta Corp.)

Temporary Notes. In Pending the event that preparation of Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for deliveryNotes, the Company may prepare execute, and the Trustee shall, upon written request receipt of an Officers' Certificate from the Company, the Trustee shall authenticate and make available for delivery, temporary NotesNotes which are printed, which shall be maintained lithographed, typewritten, mimeographed or otherwise produced, in registered form in accordance with Section 2.03. Temporary Notes shall be any authorized denomination, substantially in of the form, and shall carry all rights, tenor of the Definitive Notes but may have in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations that as the Officers of the Company considers appropriate for temporary executing such Notes may determine, as conclusively evidenced by their execution of such Notes. Without unreasonable delayIf temporary Notes are issued, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate will cause Definitive NotesNotes to be prepared without unreasonable delay. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by of the Company designated for that such purpose and such exchange shall be pursuant to Section 2.03 hereof, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, execute and the Trustee shallTrustee, upon written request receipt of an Officers' Certificate from the Company, shall authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of NotesDefinitive Notes of authorized denominations. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 4 contracts

Samples: Nortek Inc, Nortek Inc, Nortek Inc

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare and execute and, upon Company Order, the Trustee shallshall authenticate and deliver temporary Notes which are printed, upon written request from lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the Companytenor and form of the definitive Notes in lieu of which they are issued and with such appropriate insertions, authenticate omissions, substitutions and other variations as the Officers executing such Notes may determine, as conclusively evidenced by their execution of such Notes. Temporary Notes may be in global form. Except in the case of temporary NotesNotes in global form, each of which shall be maintained in registered form exchanged in accordance with Section 2.03. Temporary the provisions thereof, if temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delayare issued, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Noteswill cause permanent Notes to be prepared without unreasonable delay. After the preparation of Definitive such permanent Notes, the temporary Notes shall be exchangeable for Definitive such permanent Notes of like tenor upon surrender of the temporary Notes at any the office or agency maintained by of the Company for that purpose and such exchange shall be pursuant to Section 9.2 in a Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of Notespermanent Notes of authorized denominations and of like tenor. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive permanent Notes.

Appears in 4 contracts

Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/), Ual Corp /De/

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute and upon Company Order the Trustee shallshall authenticate and deliver, upon written request from temporary Notes which are printed, lithographed, typewritten or otherwise produced, in any authorized denomination, substantially of the Companytenor of the definitive Notes in lieu of which they are issued and with such appropriate insertions, authenticate temporary Notesomissions, which shall be maintained in registered form in accordance with Section 2.03. Temporary substitutions and other variations as the officers executing such Notes shall be substantially in the formmay determine, and shall carry all rights, as conclusively evidenced by their execution of Definitive Notes but may have variations that the Company considers appropriate for temporary such Notes. Without unreasonable delayIf temporary Notes are issued, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Notescause definitive Notes to be prepared without unreasonable delay. After the preparation of Definitive definitive Notes, the temporary Notes shall be exchangeable for Definitive definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by of the Company designated for that such purpose and such exchange shall be pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, execute and upon Company Order the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of Notesdefinitive Notes of authorized denominations. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 3 contracts

Samples: Indenture (Fleming Companies Inc /Ok/), Fleming Companies Inc /Ok/, Fleming Companies Inc /Ok/

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Until definitive Notes are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, Notes upon receipt of a written order of the Company in the form of an Officers' Certificate. The Officers' Certificate shall specify the amount of temporary Notes to be authenticated and the date on which shall the temporary Notes are to be maintained in registered form in accordance with Section 2.03authenticated. Temporary Notes shall be substantially in the form, and shall carry all rights, form of Definitive definitive Notes but may have variations that the Company considers appropriate for temporary NotesNotes and so indicates in the Officers' Certificate. Without unreasonable delay, the Company shall prepare and the Trustee shall, shall authenticate upon receipt of a written request from order of the Company, authenticate Definitive Notes. After the preparation Company pursuant to Section 2.02 definitive Notes of Definitive Notes, authorized denominations and in like principal amount as the temporary Notes shall be exchangeable for Definitive Notes which they are being exchanged in exchange for the temporary Notes, upon surrender of the temporary Notes at any the office or agency maintained by of the Company designated for that such purpose and such exchange shall be pursuant to Section 4.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon written request from the Company, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 3 contracts

Samples: Article Twelve (Discovery Zone Inc), Article Twelve (Discovery Zone Inc), Registration Rights Agreement (New World Coffee Manhattan Bagel Inc)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuer may prepare and upon receipt of an Issuer Order, the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company Issuer considers appropriate for temporary Notes. Without unreasonable delay, the Company Issuer shall prepare and upon receipt of an Issuer Order, the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuer for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuer shall execute, and the Trustee shall, upon written request from the Companyreceipt of an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 3 contracts

Samples: Passu Intercreditor Agreement (CPI Card Group Inc.), Intercreditor Agreement (MICROSTRATEGY Inc), Moneygram International Inc

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare and the Trustee shallexecute and, upon written request receipt of an order from the Company, the Trustee shall authenticate and make available for delivery temporary NotesNotes (printed, which shall be maintained lithographed, typewritten or otherwise reproduced, in registered each case in form in accordance with Section 2.03satisfactory to the Trustee). Temporary Notes shall be issuable as registered Notes without coupons, of any authorized denomination, and substantially in the form, and shall carry all rights, form of Definitive the definitive Notes but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company with the concurrence of the Trustee. Temporary Notes may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Note 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 Notes. Without unreasonable delay, delay the Company shall prepare execute and the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the shall furnish definitive Notes and thereupon temporary Notes shall may be exchangeable for Definitive Notes upon surrender of the temporary Notes surrendered in exchange therefor without charge at any each office or agency to be maintained by the Company for that the purpose and such exchange shall be without charge pursuant to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall executeSection 3.02, and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery in exchange therefor, one or more Definitive for such temporary Notes representing an equal a like aggregate principal amount of Notesdefinitive Notes of authorized denominations. Until so exchanged, exchanged the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 3 contracts

Samples: Williams Communications Group Inc, Williams Communications Group Inc, Williams Communications Group Inc

Temporary Notes. In Pending the event that Definitive preparation of Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for deliveryin definitive form, the Company may prepare execute and the Trustee shall, upon written request from of the Company, authenticate and deliver temporary Notes, which shall be maintained in registered form in accordance with Section 2.03Notes (printed or lithographed). Temporary Notes shall be issuable in any authorized denomination, and substantially in the formform of the Notes in definitive form but with such omissions, insertions and shall carry all rights, of Definitive Notes but variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company. Every such temporary Note shall be executed by the Company and authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the Notes in definitive form. Without unreasonable delay, the Company shall prepare will execute and deliver to the Trustee shall, upon written request from Notes in definitive form (other than in the Company, authenticate Definitive Notes. After the preparation case of Definitive Notes, the Notes in global form) and thereupon any or all temporary Notes shall (other than any such Notes in global form) may be exchangeable for Definitive Notes upon surrender of the temporary Notes surrendered in exchange therefor, at any each office or agency maintained by the Company pursuant to Section 9.2 and the Trustee shall authenticate and deliver in exchange for that purpose and such temporary Notes an equal aggregate principal amount of Notes in definitive form. Such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, made by the Company shall execute, at its own expense and the Trustee shall, upon written request from the Company, authenticate and make available for delivery in exchange without any charge therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as a Holder of Definitive NotesNotes in definitive form authenticated and delivered hereunder.

Appears in 3 contracts

Samples: Exchange and Redemption Agreement (Ciphergen Biosystems Inc), Indenture (Ciphergen Biosystems Inc), Radisys Corp

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuers may prepare and upon receipt of an Issuer Order the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers Issuers consider appropriate for temporary Notes. Without unreasonable delay, the Company Issuers shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuers for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuers shall execute, and the Trustee shall, upon written request from the Companyreceipt of an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of NotesNotes of authorized denominations. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 2 contracts

Samples: Indenture (Pactiv Evergreen Inc.), Indenture (Pactiv Evergreen Inc.)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute, and upon Company Order the Trustee shallshall authenticate and deliver, upon written request from temporary Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the Companytenor of the definitive Notes in lieu of which they are issued and with such appropriate insertions, authenticate temporary Notesomissions, which shall be maintained in registered form in accordance with Section 2.03. Temporary substitutions and other variations as the officers executing such Notes shall be substantially in the formmay determine, and shall carry all rights, as evidenced by their execution of Definitive Notes but may have variations that the Company considers appropriate for temporary such Notes. Without unreasonable delayIf temporary Notes are issued, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Noteswill cause definitive Notes to be prepared without unreasonable delay. After the preparation of Definitive definitive Notes, the temporary Notes shall be exchangeable for Definitive definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by of the Company for that purpose and such exchange shall be in a Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, Notes the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, therefor one or more Definitive definitive Notes representing an equal of any authorized denominations and of a like aggregate principal amount of Notesand tenor. Until so exchanged, exchanged the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder definitive Notes of Definitive Notessuch tenor.

Appears in 2 contracts

Samples: Wilshire Financial Services Group Inc, Wilshire Financial Services Group Inc

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliveryCertificated Notes, the Company may prepare execute and the Trustee shall, upon written request from the Companyreceipt of a Company Order, authenticate and deliver temporary Notes, which shall be maintained in registered form in accordance with Section 2.03Notes (printed or lithographed). Temporary Notes shall be issuable in any authorized denomination, and substantially in the form, and shall carry all rights, form of Definitive the Certificated Notes but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company. Every such temporary Note shall be executed by the Company and authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the Certificated Notes. Without unreasonable delay, the Company shall prepare execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the Certificated Notes (other than any Global Note) and thereupon any or all temporary Notes shall (other than any Global Note) may be exchangeable for Definitive Notes upon surrender of the temporary Notes surrendered in exchange therefor, at any each office or agency maintained by the Company for that purpose and such exchange shall be without charge pursuant to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, Section 4.02 and the Trustee shall, upon written request from the Companyreceipt of a Company Order, authenticate and make available for delivery deliver in exchange therefor, one or more Definitive for such temporary Notes representing an equal aggregate principal amount of Certificated Notes. Such exchange shall be made by the Company at its own expense and without any charge therefor. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as a Holder of Definitive NotesCertificated Notes authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (WEIBO Corp), Indenture (Sina Corp)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery temporary Notes, which shall may be maintained printed, typewritten or otherwise reproduced, in registered each case in form in accordance with Section 2.03reasonably acceptable to the Trustee. Temporary Notes shall may be issued in any authorized denomination and substantially in the formform of the definitive Notes of the same series but with such omissions, insertions and shall carry all rights, of Definitive Notes but variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company with the reasonable concurrence of the Trustee. Temporary Notes may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Note 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 definitive Notes of the same series. Without unreasonable delay, delay the Company shall prepare execute and the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the shall furnish definitive Notes and thereupon temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes same series may be surrendered in exchange therefor without charge at any each office or agency to be maintained by the Company for that purpose and such exchange shall be without charge pursuant to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall executeSection 4.02, and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery in exchange therefor, one or more Definitive for such temporary Notes representing an equal a like aggregate principal amount of Notesdefinitive Notes of the same series of authorized denominations. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 2 contracts

Samples: Indenture (Aecom Technology Corp), Indenture (Qorvo, Inc.)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuer may prepare and upon receipt of an Issuer Order the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company Issuer considers appropriate for temporary Notes. Without unreasonable delay, the Company Issuer shall prepare and upon the receipt of an Issuer Order the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuer for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuer shall execute, and the Trustee shall, upon written request from the Companyreceipt of an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 2 contracts

Samples: Indenture (Nexstar Media Group, Inc.), Indenture (Nexstar Media Group, Inc.)

Temporary Notes. In the event that Definitive Until definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are prepared and ready for delivery, the Company may prepare execute and upon a Company Order the Trustee shall authenticate and deliver temporary Notes. The Company Order shall specify the amount of temporary Notes to be authenticated and the Trustee shall, upon written request from date on which the Company, authenticate temporary Notes, which shall Notes are to be maintained in registered form in accordance with Section 2.03authenticated. Temporary Notes shall be substantially in the formform of definitive Notes, and shall carry all rightsin any authorized denominations, of Definitive Notes but may have variations that the Company reasonably considers appropriate for temporary Notes as conclusively evidenced by the Company's execution of such temporary Notes. Without unreasonable delayIf temporary Notes are issued, the Company shall prepare and will cause definitive Notes to be prepared without unreasonable delay but in no event later than the Trustee shall, upon written request from date that the Company, authenticate Definitive NotesExchange Offer is consummated. After the preparation of Definitive definitive Notes, the temporary Notes shall be exchangeable for Definitive definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by of the Company designated for that such purpose and such exchange shall be pursuant to Section 10.02 hereof, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of Notesdefinitive Notes of like tenor and of authorized denominations. Until so exchanged, exchanged the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 2 contracts

Samples: Indenture (Rhythms Net Connections Inc), Rhythms Net Connections Inc

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuers may prepare and the Trustee shallTrustee, upon written request from the Companyreceipt of an Issuers’ Order, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company Issuers considers appropriate for temporary Notes. Without unreasonable delay, the Company Issuers shall prepare and the Trustee shallTrustee, upon written request from the Companyreceipt of an Issuers’ Order, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuers for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuers shall execute, and the Trustee shallTrustee, upon written request from the Companyreceipt of an Issuers’ Order, shall authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 2 contracts

Samples: Indenture (Northern Tier Energy, Inc.), Indenture (Northern Tier Energy LLC)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute, and upon Company Order the Trustee shallshall authenticate and deliver, upon written request from temporary Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the Companytenor of the definitive Notes in lieu of which they are issued and with such appropriate insertions, authenticate temporary Notesomissions, which shall be maintained in registered form in accordance with Section 2.03. Temporary substitutions and other variations as the officers executing such Notes shall be substantially in the formmay determine, and shall carry all rights, as evidenced by their execution of Definitive Notes but may have variations that the Company considers appropriate for temporary such Notes. Without unreasonable delayIf temporary Notes are issued, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Noteswill cause definitive Notes to be prepared without unreasonable delay. After the preparation of Definitive definitive Notes, the temporary Notes shall be exchangeable for Definitive definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by of the Company for that purpose and such exchange shall be in a Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, therefor one or more Definitive Notes representing an equal definitive Notes, of any authorized denominations and of like tenor and aggregate principal amount of Notesamount. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder definitive Notes of Definitive Notessuch tenor.

Appears in 2 contracts

Samples: Pledge Agreement (Mobile Mini Inc), Mobile Mini Inc

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Until certificates representing Notes are ready for delivery, the Company may prepare and the Trustee shallTrustee, upon written request from the Company, authenticate temporary Notes, which shall be maintained in registered form receipt of an Authentication Order in accordance with Section 2.032.02 with respect to such Notes, shall authenticate temporary Notes. Temporary Notes shall be substantially in the form, and shall carry all rights, form of Definitive Notes but may have variations that the Company considers appropriate for temporary NotesNotes and as shall be reasonably acceptable to the Trustee. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes in exchange for temporary Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by of the Company designated for that such purpose and such exchange shall be pursuant to Section 4.02 without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall executeexecute and, and upon receipt of an Authentication Order in accordance with Section 2.02 with respect to such Notes, the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of NotesDefinitive Notes of authorized denominations. Until so exchanged, the Holder Holders of temporary Notes shall in all respects be entitled to all of the same benefits under of this Indenture as a Holder of Definitive NotesIndenture.

Appears in 2 contracts

Samples: Management Agreement (Dutchess County Cellular Telephone Co Inc), Dobson Communications Corp

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute and the Trustee shallshall authenticate and deliver temporary Notes (printed, upon written request from the Company, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be lithographed or typewritten) of any authorized denomination and substantially in the formform of the definitive Notes, but with or without a recital of specific redemption prices and shall carry all rightswith such omissions, of Definitive Notes but insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Board of Directors of the Company. Temporary Notes may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Note shall be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Notes. Without unreasonable delay, unnecessary delay the Company shall prepare will execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the definitive Notes and thereupon any or all temporary Notes shall be exchangeable for Definitive Notes upon surrender of surrendered in exchange therefor, at the temporary Notes at any office or agency to be maintained by the Company for that purpose and such exchange shall be without charge to in accordance with the Holder. Upon surrender for cancellation provisions of any one or more temporary Notes, the Company shall executeSection 5.2, and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive for such temporary Notes representing an equal aggregate principal amount of definitive Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notesdefinitive Notes authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Genesis Health Ventures Inc /Pa), Indenture (Genesis Health Ventures Inc /Pa)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute, and upon Company Order the Trustee shallshall authenticate and deliver, upon written request from temporary Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the Companytenor of the definitive Notes in lieu of which they are issued and with such appropriate insertions, authenticate temporary Notesomissions, which shall be maintained in registered form in accordance with Section 2.03. Temporary substitutions and other variations as the officers executing such Notes shall be substantially in the formmay determine, and shall carry all rights, as evidenced by their execution of Definitive Notes but may have variations that the Company considers appropriate for temporary such Notes. Without unreasonable delayIf temporary Notes are issued, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Noteswill cause definitive Notes to be prepared without unreasonable delay. After the preparation of Definitive definitive Notes, the temporary Notes shall be exchangeable for Definitive definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by of the Company for that purpose and such exchange shall be in a Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, therefor one or more Definitive Notes representing an equal definitive Notes, of any authorized denominations and of like tenor and aggregate principal amount of Notesamount. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 2 contracts

Samples: Indenture (Maverick Tube Corporation), Maverick Tube Corporation

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuer may prepare and the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers Issuer consider appropriate for temporary Notes. Without unreasonable delay, the Company Issuer shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuer for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuer shall execute, and the Trustee shall, upon written request from the Companyreceipt of an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 2 contracts

Samples: Indenture (J C Penney Co Inc), J C Penney Co Inc

Temporary Notes. In Pending the event that Definitive preparation of definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and execute and, upon Company Order, the Trustee shallshall authenticate and deliver temporary Notes which may be printed, upon written request from the Companylithographed, authenticate temporary Notestypewritten, which shall be maintained in registered form in accordance with Section 2.03mimeographed or otherwise reproduced. Temporary Notes shall be substantially issuable in the formany authorized denomination, and shall carry all rightssubstantially of the tenor of the definitive Notes in lieu of which they are issued, of Definitive Notes but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the officers of the Company executing such Notes as evidenced by their execution of such Notes. Without Every such temporary Note shall be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Notes. If temporary Notes are issued, without unreasonable delay, the Company shall prepare will execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the definitive Notes and thereupon any and all temporary Notes shall may be exchangeable for Definitive Notes upon surrender of surrendered in exchange therefor, at the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge offices referred to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall executein Section 3.2, and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive for such temporary Notes representing an equal aggregate principal amount of Notesdefinitive Notes of authorized denominations. Such exchange shall be made by the Company at its own expense and without any charge therefor. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notesdefinitive Notes authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Litchfield Financial Corp /Ma), Indenture (Litchfield Financial Corp /Ma)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute, and upon Company Order the Trustee shallshall authenticate and deliver, upon written request from temporary Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the Companytenor of the definitive Notes in lieu of which they are issued and with such appropriate insertions, authenticate temporary Notesomissions, which shall be maintained in registered form in accordance with Section 2.03. Temporary substitutions and other variations as the officers executing such Notes shall be substantially in the formmay determine, and shall carry all rights, as evidenced by their execution of Definitive Notes but may have variations that the Company considers appropriate for temporary such Notes. Without unreasonable delayIf temporary Notes are issued, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Noteswill cause definitive Notes to be prepared without unreasonable delay. After the preparation of Definitive definitive Notes, the temporary Notes shall be exchangeable for Definitive definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by of the Company for that purpose and such exchange shall be in a Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, therefor one or more Definitive Notes representing an equal definitive Notes, of any authorized denominations and of like tenor and aggregate principal amount of Notesamount. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive NotesIndenture.

Appears in 2 contracts

Samples: Supplemental Indenture (Office Properties Income Trust), Indenture (Diversified Healthcare Trust)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation and delivery of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute, and upon Company Order the Trustee shallshall authenticate and deliver, upon written request from the Company, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall may be printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Notes in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the formOfficer or Officers executing such Notes may consider appropriate, and shall carry all rights, as conclusively evidenced by their execution of Definitive Notes but may have variations that the Company considers appropriate for temporary such Notes. Without unreasonable delayIf temporary Notes are issued, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Noteswill cause definitive Notes to be prepared without unreasonable delay. After the preparation of Definitive definitive Notes, the temporary Notes shall be exchangeable for Definitive definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by of the Company designated for that such purpose and such exchange shall be pursuant to Section 10.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, Notes the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of Notesdefinitive Notes of authorized denominations. Until so exchanged, exchanged the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 2 contracts

Samples: Indenture (Leiner Health Products Inc), Indenture (Leiner Health Products Inc)

Temporary Notes. In Pending the event that Definitive preparation of Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for deliveryin definitive form, the Company may prepare execute and the Trustee shall, upon written request from of the Company, authenticate and deliver temporary Notes, which shall be maintained in registered form in accordance with Section 2.03Notes (printed or lithographed). Temporary Notes shall be issuable in any authorized denomination, and substantially in the formform of the Notes in definitive form but with such omissions, insertions and shall carry all rights, of Definitive Notes but variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company. Every such temporary Note shall be executed by the Company and authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the Notes in definitive form. Without unreasonable delay, the Company shall prepare will execute and deliver to the Trustee shall, upon written request from Notes in definitive form (other than in the Company, authenticate Definitive Notes. After the preparation case of Definitive Notes, the Notes in global form) and thereupon any or all temporary Notes shall (other than any such Notes in global form) may be exchangeable for Definitive Notes upon surrender of the temporary Notes surrendered in exchange therefor, at any each office or agency maintained by the Company for that purpose and such exchange shall be without charge pursuant to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, Section 9.2 and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive for such temporary Notes representing an equal principal amount of NotesNotes in definitive form. Such exchange shall be made by the Company at its own expense and without any charge therefor. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as a Holder of Definitive NotesNotes in definitive form authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Infocrossing Inc), Indenture (Mindspeed Technologies, Inc)

Temporary Notes. In Pending the event that preparation of Definitive Notes are of any Series to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Company, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary 6.13, the Issuer may execute and, in accordance with the terms of Section 6.02, the Trustee shall authenticate and deliver, temporary Notes shall be for such Series which are printed, lithographed, typewritten or otherwise produced and are in any authorized denomination and substantially in the form, and shall carry all rights, forms of the Definitive Notes of such Series, but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Issuer as evidenced by the execution thereof by the authorized officers of the Issuer. Without Temporary Notes may contain such references to any provisions of this Indenture as may be appropriate. Every temporary Note of any Series shall be executed by the Issuer and authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the Definitive Notes of such Series. If temporary Notes are issued, the Issuer, without unreasonable delay, the Company shall prepare cause Definitive Notes to be executed and delivered to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, for authentication; and thereupon the temporary Notes of such Series shall be exchangeable for Definitive Notes upon surrender of the temporary Notes without charge at any each office or agency to be maintained by the Company for that such purpose and such exchange in accordance with Section 6.03. The Trustee shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon written request from the Company, authenticate and make available for delivery deliver in exchange therefor, one or more for temporary Notes of such Series so surrendered Definitive Notes representing an of equal principal amount of Notestenor and denomination. Until so exchanged, the Holder of temporary Notes of any Series shall in all respects be entitled to the same benefits under this Indenture as a Holder the Definitive Notes of Definitive Notessuch Series.

Appears in 2 contracts

Samples: Master Trust Indenture and Security Agreement (Sirrom Capital Corp), Indenture and Security Agreement (Ag Services of America Inc)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuer may prepare and the Trustee shall, upon written request from (or the Company, Authentication Agent in the case of Euro Notes) shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company Issuer considers appropriate for temporary Notes. Without unreasonable delay, the Company Issuer shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuer for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuer shall execute, and the Trustee shall, upon written request from the Companyreceipt of an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 2 contracts

Samples: Indenture (Trisyn Group, Inc.), Indenture (Infor, Inc.)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon written request from the Companyreceipt of an Issue Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 2 contracts

Samples: Indenture (Builders FirstSource, Inc.), Indenture (TUTOR PERINI Corp)

Temporary Notes. In Pending the event preparation of Definitive Notes, the Owner Trustee may execute, on behalf of the Issuing Entity, and upon receipt of an Issuing Entity Order, the Indenture Trustee shall authenticate and deliver, temporary Notes that are printed, lithographed, typewritten, mimeographed or otherwise produced, substantially of the tenor of the Definitive Notes in lieu of which they are to be issued under and with such variations not inconsistent with the terms of this IndentureIndenture as the officers executing such Notes may determine, until as evidenced by their execution of such Notes. If temporary Notes are issued, the Issuing Entity shall cause Definitive Notes are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Company, authenticate temporary Notes, which shall to be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without prepared without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the such temporary Notes at any the office or agency of the Issuing Entity to be maintained by the Company for that purpose and such exchange shall be as provided in Section 3.02, without charge to the Holderrelated Noteholder. Upon surrender for cancellation of any one or more temporary Notes, the Company Owner Trustee shall execute, on behalf of the Issuing Entity, and the Indenture Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal a like principal amount of NotesDefinitive Notes of authorized denominations. Until so exchanged, the Holder of such temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 2 contracts

Samples: Indenture Default (Nissan-Infiniti Lt), Indenture Default (Nissan-Infiniti Lt)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliveryCertificated Notes, the Company may prepare execute, and upon Company Order the Trustee shallshall authenticate and deliver, upon written request from temporary Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the Companytenor of the Certificated Notes in lieu of which they are issued, authenticate with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Notes may determine, as evidenced by their execution of such Notes; provided, however, that temporary Notes need not recite specific redemption, sinking fund, conversion or exchange provisions. Unless otherwise specified as contemplated by Section 2.01 with respect to the Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After after the preparation of Definitive the Certificated Notes, the temporary Notes shall be exchangeable exchangeable, without charge to the Holder thereof, for Definitive Certificated Notes upon surrender of the such temporary Notes at any the office or agency maintained by of the Company maintained pursuant to Section 2.05 for that purpose and such exchange shall be without charge to the HolderNotes. Upon such surrender for cancellation of any one or more temporary Notes, the Company shall executeshall, except as aforesaid, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive therefor Certificated Notes representing an equal of authorized denominations and of like tenor and aggregate principal amount of Notesamount. Until so exchangedexchanged in full as hereinabove provided, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder Certificated Notes of Definitive Noteslike tenor authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Nextera Energy Partners, Lp, Nextera Energy Partners, Lp

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Until definitive Notes are ready for delivery, the Company may prepare execute, and upon Company Order the Trustee shallshall authenticate, upon written request from the Company, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, form of Definitive definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and execute and upon Company Order the Trustee shall, upon written request from the Company, shall authenticate Definitive definitive Notes. After the preparation of Definitive definitive Notes, the temporary Notes shall be exchangeable for Definitive definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and upon Company Order the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery in exchange therefor, one or more Definitive definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 2 contracts

Samples: Southwestern Energy Co, Southwestern Energy Co

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuer may prepare and the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company Issuer considers appropriate for temporary Notes. Without unreasonable delay, the Company Issuer shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuer for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuer shall execute, and the Trustee shall, upon written request from the Companyreceipt of an Issue Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 2 contracts

Samples: Indenture (21st Century Oncology Holdings, Inc.), DPC Products, Inc.

Temporary Notes. In Pending the event that preparation of Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for deliveryany series, the Company may prepare execute, and the Trustee shallshall authenticate and deliver, upon written request from the Companytemporary Notes in lieu thereof (printed, authenticate lithographed or typewritten) in any authorized denomination. Such temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, form of the Definitive Notes in lieu of which they are issued, but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company. Every temporary Note 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 Notes of such series. Without unreasonable unnecessary delay, the Company shall prepare will execute and the Trustee shall, upon written request from the Company, authenticate will furnish Definitive Notes. After the preparation Notes of Definitive Notes, the such series and thereupon any or all temporary Notes shall of such series may be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such surrendered in exchange shall be therefor (without charge to the Holder. Upon surrender for cancellation holders), at the Corporate Trust Office of any one or more temporary Notes, the Company shall executeTrustee, and the Trustee shallshall authenticate and such office or agency shall deliver in exchange for such temporary Notes an equal aggregate principal amount of Definitive Notes of such series, upon written request unless the Company advises the Trustee to the effect that Definitive Notes need not be executed and furnished until further notice from the Company, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes of such series shall in all respects be entitled to the same benefits under this Indenture as a Holder Definitive Notes of Definitive Notessuch series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (International Flavors & Fragrances Inc), Indenture (Nutrition & Biosciences, Inc.)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuer may prepare and the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company Issuer considers appropriate for temporary Notes. Without unreasonable delay, the Company Issuer shall prepare and the Trustee shall, upon written request from the Companyreceipt of an Issuer Order, authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuer for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuer shall execute, and the Trustee shall, upon written request from the Companyreceipt of an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 1 contract

Samples: Indenture (Option Care Health, Inc.)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute and, upon receipt of a written order of the Company for the authentication and delivery of the Notes signed by an Authorized Officer, the Trustee shallshall authenticate and deliver, upon written request from the Companytemporary Notes which are printed, authenticate temporary Noteslithographed, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the formtypewritten, and shall carry all rightsmimeographed or otherwise produced, of Definitive the tenor of the definitive Notes but may have in lieu of which they are issued and with such variations that not inconsistent with this Indenture as the officers of the Company considers appropriate for temporary executing such Notes may determine, as evidenced by their execution of such Notes. Without unreasonable delayIf temporary Notes are issued, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Noteswill cause definitive Notes to be prepared without unreasonable delay. After the preparation of Definitive definitive Notes, the temporary Notes shall be exchangeable for Definitive definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by of the Company for that purpose and such exchange shall to be maintained as provided in Section 5.1, without charge to the HolderNoteholder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of Notesdefinitive Notes of authorized denominations. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive if they were definitive Notes.

Appears in 1 contract

Samples: Indenture (Southwestern Energy Co)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Until definitive Notes are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, Notes upon receipt of a written order of the Company in the form of an Officers’ Certificate. The Officers’ Certificate shall specify the amount of temporary Notes to be authenticated and the date on which shall the temporary Notes are to be maintained in registered form in accordance with Section 2.03authenticated. Temporary Notes shall be substantially in the form, and shall carry all rights, form of Definitive definitive Notes but may have variations that the Company considers appropriate for temporary NotesNotes and so indicates in the Officers’ Certificate. Without unreasonable delay, the Company shall prepare and the Trustee shall, shall authenticate upon receipt of a written request from order of the Company, authenticate Definitive Notes. After the preparation Company pursuant to Section 2.02 definitive Notes of Definitive Notes, authorized denominations and in like principal amount as the temporary Notes shall be exchangeable for Definitive Notes which they are being exchanged in exchange for the temporary Notes, upon surrender of the temporary Notes at any the office or agency maintained by of the Company designated for that such purpose and such exchange shall be pursuant to Section 4.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon written request from the Company, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 1 contract

Samples: Registration Rights Agreement (New World Restaurant Group Inc)

Temporary Notes. In Pending the event that Definitive preparation of definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for deliveryany series, the Company may prepare and the Trustee shall, upon written request from the Company, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shallshall authenticate and deliver, temporary Notes (printed, lithographed or typewritten) of any authorized denomination, and substantially in the form of the definitive Notes in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Notes, all as may be determined by the Company. Every temporary Note of any series shall be executed by the Company and be authenticated by the Trustee upon written request the same conditions and in substantially the same manner, and with like effect, as the definitive Notes of that series in accordance with the terms of Section 2.04 hereof. Without unnecessary delay the Company will execute and will furnish definitive Notes of such series and thereupon any or all temporary Notes of that series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, the City and State of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Notes an equal aggregate principal amount of definitive Notes of that series, unless the Company advises the Trustee to the effect that definitive Notes need not be executed and furnished until further notice from the Company, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes of that series shall in all respects be entitled to the same benefits under this Indenture as a Holder definitive Notes of Definitive Notesthat series authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Spectra Energy Partners, LP)

Temporary Notes. In Pending the event that Definitive preparation of definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and execute and, upon Company Order, the Trustee shallshall authenticate and deliver temporary Notes which may be printed, upon written request from the Companylithographed, authenticate temporary Notestypewritten, which shall be maintained in registered form in accordance with Section 2.03mimeographed or otherwise reproduced. Temporary Notes shall be substantially issuable in the formany authorized denomination, and shall carry all rightssubstantially of the tenor of the definitive Notes in lieu of which they are issued, of Definitive Notes but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the officers of the Company executing such Notes as evidenced by their execution of such Notes. Without Every such temporary Note shall be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Notes. If temporary Notes are issued, without unreasonable delay, the Company shall prepare will execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the definitive Notes and thereupon any and all temporary Notes shall may be exchangeable for Definitive Notes upon surrender of surrendered in exchange therefor, at the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge offices referred to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall executein Section 4.2, and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive for such temporary Notes representing an equal aggregate principal amount of Notesdefinitive Notes of authorized denominations. Such exchange shall be made by the Company at its own expense and without any charge therefor. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notesdefinitive Notes authenticated and delivered hereunder.

Appears in 1 contract

Samples: Sholodge Inc

Temporary Notes. In Pending the event that preparation of Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for deliveryNotes, the Company may prepare execute, and upon Company Order the Trustee shallshall authenticate and deliver, upon written request from temporary Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the Company, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in tenor of the form, and shall carry all rights, of Definitive Notes but in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Notes may have variations that the Company considers appropriate for temporary determine, as evidenced by their execution of such Notes. Without unreasonable delayIf temporary Notes are issued, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate will cause Definitive NotesNotes to be prepared without unreasonable delay. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by of the Company for that purpose and such exchange shall be designated pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, Notes the Company shall execute, execute and upon request of a Company Order the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of NotesDefinitive Notes of authorized denominations. Until so exchanged, exchanged the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 1 contract

Samples: Indenture (Queen Sand Resources Inc)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuer may prepare and the Trustee shallor Authen-tication Agent, upon written request from as the Companycase may be, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company Issuer considers appropriate for temporary Notes. Without unreasonable delay, the Company Issuer shall prepare and the Trustee shallor Authentication Agent, upon written request from as the Companycase may be, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuer for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuer shall execute, and the Trustee or Authentication Agent, as the case may be, shall, upon written request from the Companyreceipt of an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchangedex-changed, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.. SECTION 2.14

Appears in 1 contract

Samples: Diversey Holdings, Ltd.

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers consider appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon written request from the Companyreceipt of an Company Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 1 contract

Samples: Indenture (Triangle Petroleum Corp)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare and the Guarantors may execute, and upon Company Order the Trustee shallshall authenticate and deliver, upon written request from temporary Notes that are printed, lithographed, typewritten, mimeographed or otherwise reproduced, in any authorized denomination, substantially of the Companytenor of the definitive Notes in lieu of which they are issued and with such appropriate insertions, authenticate omissions, substitutions and other variations as the officers executing such Notes may determine, as conclusively evidenced by their execution of such Notes. If temporary NotesNotes are issued, which the Company and the Guarantors shall cause definitive Notes to be maintained in registered form in accordance with Section 2.03prepared without unreasonable delay. Temporary The definitive Notes shall be substantially printed, lithographed or engraved, or provided by any combination thereof, or in any other manner permitted by the formrules and regulations of any applicable Notes exchange, and shall carry all rights, of Definitive Notes but may have variations that as determined by the Company considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive officers executing such definitive Notes. After the preparation of Definitive definitive Notes, the temporary Notes shall be exchangeable for Definitive definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by the Company for that such purpose and such exchange shall be pursuant to Section 4.2 hereof, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company and the Guarantors shall execute, and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver, in exchange therefor, one or more Definitive Notes representing an equal therefor the same aggregate principal amount of Notesdefinitive Notes of authorized denominations. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 1 contract

Samples: Terex Corp

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive --------------- Notes, the Company may prepare execute and the Trustee or an authenticating agent appointed by the Trustee shall, upon written request from of the Company, authenticate and deliver temporary Notes, which shall be maintained in registered form in accordance with Section 2.03Notes (printed or lithographed). Temporary Notes shall be issuable in any authorized denomination, and substantially in the form, and shall carry all rights, form of Definitive the definitive Notes but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company. Every such temporary Note shall be executed by the Company and 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 Notes. Without unreasonable delay, delay the Company shall prepare will execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the or such authenticating agent definitive Notes and thereupon any or all temporary Notes shall may be exchangeable for Definitive Notes upon surrender of the temporary Notes surrendered in exchange therefor, at any each office or agency maintained by the Company pursuant to Section 5.2 and the Trustee or such authenticating agent shall authenticate and deliver in exchange for that purpose and such temporary Notes an equal aggregate principal amount of definitive Notes. Such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, made by the Company shall execute, at its own expense and the Trustee shall, upon written request from the Company, authenticate and make available for delivery in exchange without any charge therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as a Holder of Definitive Notesdefinitive Notes authenticated and delivered hereunder.

Appears in 1 contract

Samples: Park Electrochemical Corp

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.032.3. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 1 contract

Samples: Intercreditor Agreement (REV Group, Inc.)

AutoNDA by SimpleDocs

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuers may prepare and the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company Parent Issuer considers appropriate for temporary Notes. Without unreasonable delay, the Company Issuers shall prepare and the Trustee shall, upon written request from the Companyreceipt of an Issuer Order, authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Parent Issuer for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuers shall execute, and the Trustee shall, upon written request from the Companyreceipt of an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 1 contract

Samples: Intercreditor Agreement (Option Care Health, Inc.)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute and the Trustee shallshall authenticate and deliver temporary Notes (printed, upon written request from the Company, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be lithographed or typewritten) of any authorized denomination and substantially in the formform of the definitive Notes, but with or without a recital of specific redemption prices and shall carry all rightswith such omissions, of Definitive Notes but insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company. Temporary Notes may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Note shall be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Notes. Without unreasonable delay, unnecessary delay the Company shall prepare will execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the definitive Notes and thereupon any or all temporary Notes shall may be exchangeable for Definitive Notes upon surrender of surrendered in exchange therefor, at the temporary Notes at any office or agency to be maintained by the Company for that purpose and such exchange shall be without charge to in accordance with the Holder. Upon surrender for cancellation provisions of any one or more temporary Notes, the Company shall executeSection 4.02, and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive for such temporary Notes representing an equal aggregate principal amount of definitive Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture Indenture, and shall be subject to the same provisions hereof, as a Holder of Definitive Notesdefinitive Notes authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Goldendale Aluminum Co)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliveryCertificated Notes, the Company Companies may prepare execute and the Trustee or an authenticating agent appointed by the Trustee shall, upon written request from of the CompanyCompanies, authenticate and deliver temporary Notes, which shall be maintained in registered form in accordance with Section 2.03Notes (printed or lithographed). Temporary Notes shall be issuable in any Authorized Denomination, and substantially in the form, and shall carry all rights, form of Definitive the Certificated Notes but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Companies. Every such temporary Note shall be executed by the Companies and 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 Certificated Notes. Without unreasonable delay, the Company Companies shall prepare execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the or such authenticating agent Certificated Notes (other than any Global Note) and thereupon any or all temporary Notes shall (other than any Global Note) may be exchangeable for Definitive Notes upon surrender of the temporary Notes surrendered in exchange therefor, at any each office or agency maintained by the Companies pursuant to Section 4.02 and upon receipt of a Company Order, the Trustee or such authenticating agent shall authenticate and deliver in exchange for that purpose and such temporary Notes an equal aggregate principal amount of Certificated Notes. Such exchange shall be made by the Companies at their own expense and without any charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon written request from the Company, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as a Holder of Definitive NotesCertificated Notes authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute, and the Trustee shallshall authenticate and deliver, upon written request from the Companytemporary Notes in lieu thereof (printed, authenticate lithographed or typewritten) in any authorized denomination. Such temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the formform of the definitive Notes in lieu of which they are issued, but with such omissions, insertions and shall carry all rights, of Definitive Notes but variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company. Every temporary Note 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 Notes. Without unreasonable unnecessary delay, the Company shall prepare will execute and the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the will furnish definitive Notes and thereupon any or all temporary Notes shall may be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such surrendered in exchange shall be therefor (without charge to the Holder. Upon surrender for cancellation Noteholders), at the Corporate Trust Office of any one or more temporary Notes, the Company shall executeTrustee, and the Trustee shallshall authenticate and such office or agency shall deliver in exchange for such temporary Notes an equal aggregate principal amount of definitive Notes, upon written request unless the Company advises the Trustee to the effect that definitive Notes need not be executed and furnished until further notice from the Company, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notesdefinitive Notes authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (International Flavors & Fragrances Inc)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliveryPhysical Notes, the Company may prepare execute, and upon Company Order the Trustee shallshall authenticate and deliver, upon written request from temporary Notes that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the Companytenor of the Physical Notes in lieu of which they are issued and with such appropriate insertions, authenticate temporary Notesomissions, which shall be maintained in registered form in accordance with Section 2.03. Temporary substitutions and other variations as the Officer executing such Notes shall be substantially in the formmay determine, and shall carry all rights, as evidenced by such Officer’s execution of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive such Notes. After the preparation of Definitive Physical Notes, the temporary Notes shall be exchangeable for Definitive Physical Notes upon surrender of the temporary Notes at any office or agency maintained by of the Company for that purpose and such exchange shall be designated pursuant to Section 5.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon written request from the Companyreceipt of a Company Order, authenticate and make available for delivery deliver, in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of NotesPhysical Notes of authorized denominations. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Physical Notes.

Appears in 1 contract

Samples: Indenture (Teligent, Inc.)

Temporary Notes. In Pending the event that preparation of --------------- Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for deliveryNotes, the Company may prepare execute and the Trustee shallshall authenticate and deliver temporary Notes (which may be printed, upon written request from the Companylithographed, authenticate temporary Notestypewritten, which shall be maintained in registered form in accordance with Section 2.03mimeographed or otherwise produced). Temporary Notes shall be issuable in any authorized denomination and substantially in the form, and shall carry all rights, form of the Definitive Notes but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes all as may be determined by the Company. Every such temporary Note shall be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the Definitive Notes. Without unreasonable delay, delay the Company shall prepare will execute and will deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the Notes and thereupon any or all temporary Notes shall may be exchangeable for Definitive Notes upon surrender surrendered in exchange therefor, at the corporate trust office of the temporary Notes at Trustee or any office or agency maintained by the Company for that purpose and such exchange shall be without charge pursuant to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall executeSection 5.02, and the Trustee shallshall register or cause to be registered on the Register, upon written request from the Company, and shall authenticate and make available for delivery deliver in exchange thereforfor such temporary Notes, one or more Definitive Notes representing an equal aggregate principal amount of Definitive Notes. Such exchange shall be made by the Company at its own expense and without any charge therefor to the Noteholders. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive NotesNotes authenticated and delivered hereunder.

Appears in 1 contract

Samples: Emc Corp

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for delivery--------------- definitive Notes, the Company may prepare execute and the Trustee shallshall authenticate and deliver temporary Notes (printed, upon written request from the Company, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be lithographed or typewritten) of any authorized denomination and substantially in the formform of the definitive Notes, but with or without a recital of specific redemption prices and shall carry all rightswith such omissions, of Definitive Notes but insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company. Temporary Notes may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Note shall be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Notes. Without unreasonable delay, unnecessary delay the Company shall prepare will execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the definitive Notes and thereupon any or all temporary Notes shall may be exchangeable for Definitive Notes upon surrender of surrendered in exchange therefor, at the temporary Notes at any office or agency to be maintained by the Company for that purpose and such exchange shall be without charge to in accordance with the Holder. Upon surrender for cancellation provisions of any one or more temporary Notes, the Company shall executeSection 4.02, and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive for such temporary Notes representing an equal aggregate principal amount of definitive Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture Indenture, and shall be subject to the same provisions hereof, as a Holder of Definitive Notesdefinitive Notes authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Kaiser Aluminum Corp)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and the Trustee shallTrustee, upon written request from the Companyreceipt of an Authentication Order, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary NotesNotes and as shall be reasonably acceptable to the Trustee. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 1 contract

Samples: Supplemental Indenture (Local Insight Yellow Pages, Inc.)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Companyreceipt of a Company Order, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers consider appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Companyreceipt of a Company Order, authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon written request from the Companyreceipt of a Company Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 1 contract

Samples: American Capital, LTD

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute, and upon Company Order the Trustee shallshall authenticate and deliver, upon written request from temporary Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the Companytenor of the definitive Notes in lieu of which they are issued and with such appropriate insertions, authenticate temporary Notesomissions, which shall be maintained in registered form in accordance with Section 2.03. Temporary substitutions and other variations as the officers executing such Notes shall be substantially in the formmay determine, and shall carry all rights, as evidenced by their execution of Definitive Notes but may have variations that the Company considers appropriate for temporary such Notes. Without unreasonable delaySuch temporary Notes may be Global Notes. If temporary Notes are issued, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Noteswill cause definitive Notes to be prepared without unreasonable delay. After the preparation of Definitive definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes definitive Notes, upon surrender of the temporary Notes at any the office or agency maintained by of the Company for that purpose and such exchange shall be in a Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, Notes the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of Notesdefinitive Notes of authorized denominations. Until so exchanged, exchanged the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 1 contract

Samples: Indenture (Nova Chemicals Corp /New)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Until Definitive Notes are ready for delivery, the Company may prepare and execute, and, upon receipt of a Company Order, the Trustee shallshall authenticate and deliver, upon written request from the Company, authenticate temporary Notes (“Temporary Notes, which shall be maintained in registered form in accordance with Section 2.03”). Temporary Notes shall be substantially in the form, and shall carry all rights, form of Definitive Notes definitive securities but may have variations that the Company with the consent of the Trustee considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, shall authenticate and deliver Definitive Notes in exchange for Temporary Notes. After the preparation of Definitive Notes, the temporary Temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Temporary Notes at any the office or agency maintained by of the Company for that purpose and such exchange shall be in a place of payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Temporary Notes, the Company shall executeexecute and, and upon receipt of a Company Order, the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of NotesDefinitive Notes of authorized denominations. Until so exchanged, the Holder of temporary Temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder Definitive Notes of Definitive Notesthe same series and tenor.

Appears in 1 contract

Samples: Indenture (Iconix Brand Group, Inc.)

Temporary Notes. In Pending the event that preparation of Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for deliveryNotes, the Company may prepare execute, and upon Company Order the Trustee shallshall authenticate and deliver, upon written request from temporary Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the Company, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in tenor of the form, and shall carry all rights, of Definitive Notes but in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Notes may have variations that the Company considers appropriate for temporary determine, as evidenced by their execution of such Notes. Without unreasonable delayIf temporary Notes are issued, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate will cause Definitive NotesNotes to be prepared without unreasonable delay. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by of the Company for that purpose and such exchange shall be designated pursuant to 0, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, Notes the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of NotesDefinitive Notes of authorized denominations of like tenor. Until so exchanged, exchanged the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of the Definitive Notes.

Appears in 1 contract

Samples: Allegheny Energy Inc

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and upon receipt of an Issuer Order the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon written request from the Companyreceipt of an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of NotesNotes of authorized denominations. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 1 contract

Samples: Execution Version (Reynolds Group Holdings LTD)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuer may prepare and upon receipt of a Company Order the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company Issuer considers appropriate for temporary Notes. Without unreasonable delay, the Company Issuer shall prepare and upon receipt of a Company Order the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuer for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuer shall execute, and the Trustee shall, upon written request from the Companyreceipt of a Company Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 1 contract

Samples: Korn Ferry (Korn Ferry)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute and the Trustee or an authenticating agent appointed by the Trustee shall, upon written request from of the Company, authenticate and deliver temporary Notes, which shall be maintained in registered form in accordance with Section 2.03Notes (printed or lithographed). Temporary Notes shall be issuable in any authorized denomination, and substantially in the form, and shall carry all rights, form of Definitive the definitive Notes but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company. Every such temporary Note shall be executed by the Company and 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 Notes. Without unreasonable delay, delay the Company shall prepare will execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the or such authenticating agent definitive Notes and thereupon any or all temporary Notes shall may be exchangeable for Definitive Notes upon surrender of the temporary Notes surrendered in exchange therefor, at any each office or agency maintained by the Company pursuant to Section 5.2 and the Trustee or such authenticating agent shall authenticate and deliver in exchange for that purpose and such temporary Notes an equal aggregate principal amount of definitive Notes. Such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, made by the Company shall execute, at its own expense and the Trustee shall, upon written request from the Company, authenticate and make available for delivery in exchange without any charge therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as a Holder of Definitive Notesdefinitive Notes authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (General Electric Co)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute and the Trustee shallshall authenticate and deliver temporary Notes (printed, upon written request from lithographed, typewritten or otherwise reproduced, in each case in form satisfactory to the Company, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03Trustee). Temporary Notes shall be issuable as Registered Notes, of any authorized denomination, and substantially in the form, and shall carry all rights, form of Definitive the definitive Notes but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company with the concurrence of the Trustee as evidenced by the execution and authentication thereof. Temporary Notes may contain such references to any provisions of this Indenture as may be appropriate. Every temporary Note 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 Notes. Without unreasonable delay, delay the Company shall prepare execute and the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the shall furnish definitive Notes and thereupon temporary Registered Notes shall may be exchangeable for Definitive Notes upon surrender of the temporary Notes surrendered in exchange therefore without charge at any each office or agency to be maintained by the Company for that purpose and such exchange shall be without charge pursuant to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall executeSection 3.2, and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive for such temporary Notes representing an equal aggregate principal amount of Notesdefinitive Notes having authorized denominations. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 1 contract

Samples: Quadramed Corp

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Until certificates representing Notes are ready for delivery, the Company may prepare and the Trustee shallTrustee, upon written request from the Company, authenticate temporary Notes, which shall be maintained in registered form receipt of an Authentication Order in accordance with Section 2.032.02 with respect to such Notes, shall authenticate temporary Notes. Temporary Notes shall be substantially in the form, and shall carry all rights, form of Definitive Notes but may have variations that the Company considers appropriate for temporary NotesNotes and as shall be reasonably acceptable to the Trustee. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes in exchange for temporary Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by of the Company designated for that such purpose and such exchange shall be pursuant to Section 4.02 without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall executeexecute and, and upon receipt of an Authentication Order in accordance with Section 2.02 with respect to such Notes, the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of NotesDefinitive Notes of authorized denominations. Until so exchanged, the Holder Holders of temporary Notes shall in all respects be entitled to all of the same benefits under of this Indenture as a Holder of Definitive NotesIndenture.

Appears in 1 contract

Samples: Indenture (Dobson Communications Corp)

Temporary Notes. In Pending the event that Definitive preparation of definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and execute and, upon Company Order, the Trustee shallshall authenticate and deliver temporary Notes which may be printed, upon written request from the Companylithographed, authenticate temporary Notestypewritten, which shall be maintained in registered form in accordance with Section 2.03mimeographed or otherwise reproduced. Temporary Notes shall be substantially issuable in the formany authorized denomination, and shall carry all rightssubstantially of the tenor of the definitive Notes in lieu of which they are issued, of Definitive Notes but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the officers of the Company executing such Notes as evidenced by their execution of such Notes. Without Every such temporary Note shall be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Notes. If temporary Notes are issued, without unreasonable delay, the Company shall prepare will execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the definitive Notes and thereupon any and all temporary Notes shall may be exchangeable for Definitive Notes upon surrender of surrendered in exchange therefor, at the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge offices referred to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall executein SECTION 3.2, and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive for such temporary Notes representing an equal aggregate principal amount of Notesdefinitive Notes of authorized denominations. Such exchange shall be made by the Company at its own expense and without any charge therefor. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notesdefinitive Notes authenticated and delivered hereunder.

Appears in 1 contract

Samples: Litchfield Financial Corp /Ma

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Until Definitive Notes are ready for delivery, the Company may prepare execute and the Trustee shallor an authenticating agent appointed by the Trustee will, upon written request from of the Company, authenticate and deliver temporary Notes (printed or lithographed) (“Temporary Notes, which shall be maintained in registered form in accordance with Section 2.03”). Temporary Notes shall will be issuable in any authorized denomination, and substantially in the formform of Definitive Notes, but with such omissions, insertions and variations as may be appropriate for Temporary Notes, all as may be determined by the Company. Every such Temporary Note will be executed by the Company and authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and shall carry all rightswith the same effect, of as the Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, delay the Company shall prepare will prepare, execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for or such authenticating agent Definitive Notes upon surrender of the temporary (other than any Global Note) and thereupon any or all Temporary Notes (other than any Global Note) may be surrendered in exchange therefor, at any each office or agency maintained by the Company for that purpose and such exchange shall be without charge pursuant to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, Section 2.06 hereof and the Trustee shall, upon written request from the Company, or such authenticating agent will authenticate and make available for delivery deliver, in exchange thereforfor such Temporary Notes, one or more Definitive Notes representing having an equal aggregate principal amount of equal to such Temporary Notes. Until so exchanged, the Holder of temporary Temporary Notes shall will, in all respects respects, be entitled to the same benefits and subject to the same limitations under this the Indenture as a Holder of Definitive NotesNotes authenticated and delivered hereunder.

Appears in 1 contract

Samples: Second Supplemental Indenture (Vector Group LTD)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive De- finitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable unrea- sonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary tempo- rary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall executeexe- cute, and the Trustee shall, upon written request from the Companyreceipt of an Issue Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes. SECTION 2.14.

Appears in 1 contract

Samples: Townsquare Media, Inc.

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Until certificates representing Notes are ready for delivery, the Company Issuers may prepare and the Trustee shallTrustee, upon written request from the Companyreceipt of an Authentication Order, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, form of Definitive certificated Notes but may have variations that the Company Issuers considers appropriate for temporary NotesNotes and as shall be reasonably acceptable to the Trustee. Without unreasonable delay, the Company Issuers shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes in exchange for temporary Notes. Holders and beneficial holders, as the case may be, of temporary Notes shall be entitled to all of the benefits accorded to Holders, or beneficial holders, respectively, of Notes under this Indenture. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by of the Company Issuers designated for that such purpose and such exchange shall be pursuant to Section 4.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuer shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of NotesDefinitive Notes of authorized denominations. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 1 contract

Samples: Indenture (Kraton Corp)

Temporary Notes. In the event that Definitive Notes of any series are to be issued under the terms of this Indenture, until such Definitive Notes of such series are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Company, authenticate temporary NotesNotes for such series, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes of each series shall be substantially in the form, and shall carry all rights, of Definitive Notes of such series but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary NotesNotes of each series, the Company shall execute, and the Trustee shall, upon written request from the Company, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes of such series representing an equal principal amount of NotesNotes of such series. Until so exchanged, the Holder of temporary Notes of each series shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive NotesNotes of such series.

Appears in 1 contract

Samples: Cleveland-Cliffs Inc.

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute, and upon written order of the Company in the form of an Officer's Certificate the Trustee shallshall authenticate and deliver temporary Notes (the "Temporary Notes") which are printed, upon written request from lithographed, typewritten, or otherwise produced, in any denomination, substantially of the Companytenor of the definitive Notes in lieu of which they are issued and with such appropriate insertions, authenticate temporary omissions, substitutions and other variations as the officers executing such Notes may determine, as evidenced by their execution of such Notes, which shall be maintained in registered form in accordance with Section 2.03. If Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delayare issued, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Noteswill cause definitive Notes to be prepared without unreasonable delay. After the preparation of Definitive definitive Notes, the temporary Temporary Notes shall be exchangeable for Definitive definitive Notes upon surrender of the temporary Temporary Notes at any the office or agency maintained by of the Company for that purpose and such exchange shall be maintained pursuant to Section 2.04, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, Notes the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like principal amount of Notesdefinitive Notes of authorized denominations. Until so exchanged, exchanged the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 1 contract

Samples: Indenture (Transtel S A)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Supplemental Indenture, until such Definitive Notes are ready for delivery, the Company Issuer may prepare and the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company Issuer considers appropriate for temporary Notes. Without unreasonable delay, the Company Issuer shall prepare and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuer for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuer shall execute, and the Trustee shall, upon written request from the Companyreceipt of an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Supplemental Indenture as a Holder of Definitive Notes.

Appears in 1 contract

Samples: First Supplemental Indenture (Community Health Systems Inc)

Temporary Notes. In Section 304 of the event that Definitive Notes are Base Indenture shall not apply to the Notes. Instead, the provisions of this Section 2.08 shall, with respect to the Notes, supersede in its entirety Section 304 of the Base Indenture and all references in the Base Indenture to Section 304 thereof shall be deemed, for the purposes of the Notes, to be issued under references to this Section 2.08. Pending the terms preparation of this Indenture, until such Definitive Notes are ready for deliveryPhysical Notes, the Company may prepare execute and the Trustee or an authenticating agent appointed by the Trustee shall, upon written request from the Companyreceipt of a Company Order, authenticate and deliver temporary Notes, which shall be maintained in registered form in accordance with Section 2.03Notes (printed or lithographed). Temporary Notes shall be issuable in any authorized denomination, and substantially in the form, and shall carry all rights, form of Definitive the Physical Notes but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company. Every such temporary Note shall be executed by the Company and 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 Physical Notes. Without unreasonable delay, the Company shall prepare execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the or such authenticating agent Physical Notes (other than any Global Note) and thereupon any or all temporary Notes shall (other than any Global Note) may be exchangeable for Definitive Notes upon surrender of the temporary Notes surrendered in exchange therefor, at any each office or agency maintained by the Company pursuant to Section 4.02 and the Trustee or such authenticating agent shall authenticate and deliver in exchange for that purpose and such temporary Notes an equal aggregate principal amount of Physical Notes. Such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, made by the Company shall execute, at its own expense and the Trustee shall, upon written request from the Company, authenticate and make available for delivery in exchange without any charge therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits and subject to the same limitations under this the Indenture as a Holder of Definitive NotesPhysical Notes authenticated and delivered hereunder.

Appears in 1 contract

Samples: First Supplemental Indenture (GSV Capital Corp.)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliveryCertificated Notes, the Company may prepare execute and the Trustee shall, upon written request from the Companyreceipt of a Company Order, authenticate and deliver temporary Notes, which shall be maintained in registered form in accordance with Section 2.03Notes (printed or lithographed). Temporary Notes shall be issuable in any authorized denomination, and substantially in the form, and shall carry all rights, form of Definitive the Certificated Notes but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company. Every such temporary Note shall be executed by the Company and authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the Certificated Notes. Without unreasonable delay, the Company shall prepare execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the Certificated Notes (other than any Global Note) and thereupon any or all temporary Notes shall (other than any Global Note) may be exchangeable for Definitive Notes upon surrender of the temporary Notes surrendered in exchange therefor, at any each office or agency maintained by the Company for that purpose and such exchange shall be without charge pursuant to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, ‎Section 4.02 and the Trustee shall, upon written request from the Companyreceipt of a Company Order, authenticate and make available for delivery deliver in exchange therefor, one or more Definitive for such temporary Notes representing an equal aggregate principal amount of Certificated Notes. Such exchange shall be made by the Company at its own expense and without any charge therefor. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as a Holder of Definitive NotesCertificated Notes authenticated and delivered hereunder.

Appears in 1 contract

Samples: WEIBO Corp

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and (with executed Note Guarantees from each of the Guarantors endorsed thereon) and, upon receipt of a Company Order, the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, form of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare (with executed Note Guarantees from each of the Guarantors endorsed thereon) and the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall executeexecute (with executed Note Guarantees from each of the Guarantors endorsed thereon), and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 1 contract

Samples: Indenture (Saks Inc)

Temporary Notes. In Pending the event preparation of Definitive Notes, the Owner Trustee may execute, on behalf of the Trust, and upon receipt of a Trust Order, the Indenture Trustee shall authenticate and deliver, temporary Notes that are printed, lithographed, typewritten, mimeographed or otherwise produced, substantially of the tenor of the Definitive Notes in lieu of which they are to be issued under and with such variations not inconsistent with the terms of this IndentureIndenture as the officers executing such Notes may determine, until as evidenced by their execution of such Notes. If temporary Notes are issued, the Trust shall cause Definitive Notes are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Company, authenticate temporary Notes, which shall to be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without prepared without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the such temporary Notes at any the office or agency of the Trust to be maintained by the Company for that purpose and such exchange shall be as provided in Section 3.02, without charge to the Holderrelated Noteholder. Upon surrender for cancellation of any one or more temporary Notes, the Company Owner Trustee shall execute, on behalf of the Trust, and the Indenture Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal a like principal amount of NotesDefinitive Notes of authorized denominations. Until so exchanged, the Holder of such temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 1 contract

Samples: Indenture (Xerox Corp)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company Issuers may prepare and upon receipt of an Issuer Order, the Trustee shall, upon written request from the Company, shall authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers Issuers consider appropriate for temporary Notes. Without unreasonable delay, the Company Issuers shall prepare and upon receipt of an Issuer Order, the Trustee shall, upon written request from the Company, shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company Issuers for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company Issuers shall execute, and the Trustee shall, upon written request from the Companyreceipt of an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 1 contract

Samples: Evergreen Acqco (Savers Value Village, Inc.)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Until new Definitive Notes are ready for delivery, the Company may prepare execute and the Trustee shallor an authenticating agent appointed by the Trustee will, upon written request from of the Company, authenticate and deliver temporary Notes (printed or lithographed) (“Temporary Notes, which shall be maintained in registered form in accordance with Section 2.03”). Temporary Notes shall will be issuable in any authorized denomination, and substantially in the formform of Definitive Notes, but with such omissions, insertions and variations as may be appropriate for Temporary Notes, all as may be determined by the Company. Every such Temporary Note will be executed by the Company and authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and shall carry all rightswith the same effect, of as the Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, delay the Company shall prepare will prepare, execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for or such authenticating agent Definitive Notes upon surrender of the temporary (other than any Global Note) and thereupon any or all Temporary Notes (other than any Global Note) may be surrendered in exchange therefor, at any each office or agency maintained by the Company for that purpose and such exchange shall be without charge pursuant to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, Section 2.06 hereof and the Trustee shall, upon written request from the Company, or such authenticating agent will authenticate and make available for delivery deliver in exchange therefor, one or more for such Temporary Notes Definitive Notes representing having an equal aggregate principal amount of equal to such Temporary Notes. Such exchange will be made by the Company at its own expense and without any charge therefor. Until so exchanged, the Holder of temporary Temporary Notes shall will, in all respects respects, be entitled to the same benefits and subject to the same limitations under this Indenture as a Holder of Definitive NotesNotes authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (GAIN Capital Holdings, Inc.)

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Until Definitive Notes are ready for delivery, the Company may prepare execute and the Trustee shallor an authenticating agent appointed by the Trustee will, upon written request from of the Company, authenticate and deliver temporary Notes (printed or lithographed) (“Temporary Notes, which shall be maintained in registered form in accordance with Section 2.03”). Temporary Notes shall will be issuable in any authorized denomination, and substantially in the formform of Definitive Notes, but with such omissions, insertions and variations as may be appropriate for Temporary Notes, all as may be determined by the Company. Every such Temporary Note will be executed by the Company and authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and shall carry all rightswith the same effect, of as the Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, delay the Company shall prepare will prepare, execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for or such authenticating agent Definitive Notes upon surrender of the temporary (other than any Global Note) and thereupon any or all Temporary Notes (other than any Global Note) may be surrendered in exchange therefor, at any each office or agency maintained by the Company for that purpose and such exchange shall be without charge pursuant to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, Section 2.07 hereof and the Trustee shall, upon written request from the Company, or such authenticating agent will authenticate and make available for delivery deliver in exchange therefor, one or more for such Temporary Notes Definitive Notes representing having an equal aggregate principal amount of equal to such Temporary Notes. Such exchange will be made by the Company at its own expense and without any charge therefor. Until so exchanged, the Holder of temporary Temporary Notes shall will, in all respects respects, be entitled to the same benefits and subject to the same limitations under this Indenture as a Holder of Definitive NotesNotes authenticated and delivered hereunder.

Appears in 1 contract

Samples: First Supplemental Indenture (Par Technology Corp)

Temporary Notes. In Pending the event that preparation of Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for deliveryNotes, the Company may prepare execute, and upon Company Order the Trustee shallshall authenticate and deliver, upon written request from temporary Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the Company, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in tenor of the form, and shall carry all rights, of Definitive Notes but in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers executing such Notes may have variations that the Company considers appropriate for temporary determine, as evidenced by their execution of such Notes. Without unreasonable delayIf temporary Notes are issued, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate cause Definitive NotesNotes to be prepared without unreasonable delay. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any the office or agency maintained by of the Company in a Place of Payment for that purpose and such exchange shall be series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, therefor one or more Definitive Notes representing an equal of any authorized denominations and of like tenor and aggregate principal amount of Notesamount. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 1 contract

Samples: Supplemental Indenture (Talen Energy Holdings, Inc.)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company Issuer may prepare execute and the Trustee shallshall authenticate and deliver temporary Notes with the Guarantee endorsed thereon (printed, upon written request from lithographed, typewritten or otherwise reproduced, in each case in form satisfactory to the Company, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.03Trustee). Temporary Notes shall be issuable as registered Notes without coupons, of any authorized denomination, and substantially in the form, and shall carry all rights, form of Definitive the definitive Notes but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Issuer and the Guarantor. Temporary Notes may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Note shall be executed by the Issuer and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Notes. Without unreasonable delay, delay the Company Issuer shall prepare execute and the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the shall furnish definitive Notes and thereupon temporary Notes shall may be exchangeable for Definitive Notes upon surrender of the temporary Notes surrendered in exchange therefor without charge at any each office or agency to be maintained by the Company Issuer for that the purpose and such exchange shall be without charge pursuant to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall executeSection 2.13, and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive for such temporary Notes representing an equal a like aggregate principal amount of Notesdefinitive Notes of authorized denominations. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 1 contract

Samples: Cnooc LTD

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenturedefinitive Notes, until such Definitive Notes are ready for delivery, --------------- the Company may prepare execute and the Trustee or an authenticating agent appointed by the Trustee shall, upon written request from of the Company, authenticate and deliver temporary Notes, which shall be maintained in registered form in accordance with Section 2.03Notes (printed or lithographed). Temporary Notes shall be issuable in any authorized denomination, and substantially in the form, and shall carry all rights, form of Definitive the definitive Notes but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company. Every such temporary Note shall be executed by the Company and 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 Notes. Without unreasonable delay, delay the Company shall prepare will execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the or such authenticating agent definitive Notes and thereupon any or all temporary Notes shall may be exchangeable for Definitive Notes upon surrender of the temporary Notes surrendered in exchange therefor, at any each office or agency maintained by the Company pursuant to Section 5.2 and the Trustee or such authenticating agent shall authenticate and deliver in exchange for that purpose and such temporary Notes an equal aggregate principal amount of definitive Notes. Such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, made by the Company shall execute, at its own expense and the Trustee shall, upon written request from the Company, authenticate and make available for delivery in exchange without any charge therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as a Holder of Definitive Notesdefinitive Notes authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Tivo Inc)

Temporary Notes. In Section 3.04 of the event that Definitive Notes are Base Indenture shall not apply to the Notes. Instead, the provisions of this Section 2.07 shall, with respect to the Notes, supersede in its entirety Section 3.04 of the Base Indenture and all references in the Base Indenture to Section 3.04 thereof shall be deemed, for the purposes of the Notes, to be issued under references to this Section 2.07. Pending the terms preparation of this Indenture, until such Definitive Notes are ready for deliveryPhysical Notes, the Company may prepare execute and the Trustee or an authenticating agent appointed by the Trustee shall, upon written request from of the Company, authenticate and deliver temporary Notes, which shall be maintained in registered form in accordance with Section 2.03Notes (printed or lithographed). Temporary Notes shall be issuable in any authorized denomination, and substantially in the form, and shall carry all rights, form of Definitive the Physical Notes but with such omissions, insertions and variations as may have variations that the Company considers be appropriate for temporary Notes, all as may be determined by the Company. Every such temporary Note shall be executed by the Company and 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 Physical Notes. Without unreasonable delay, the Company shall prepare will execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the or such authenticating agent Physical Notes (other than any Global Note) and thereupon any or all temporary Notes shall (other than any Global Note) may be exchangeable for Definitive Notes upon surrender of the temporary Notes surrendered in exchange therefor, at any each office or agency maintained by the Company pursuant to Section 8.03 and the Trustee or such authenticating agent shall authenticate and deliver in exchange for that purpose and such temporary Notes an equal aggregate principal amount of Physical Notes. Such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, made by the Company shall execute, at its own expense and the Trustee shall, upon written request from the Company, authenticate and make available for delivery in exchange without any charge therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits and subject to the same limitations under this the Indenture as a Holder of Definitive NotesPhysical Notes authenticated and delivered hereunder.

Appears in 1 contract

Samples: BlackRock Capital Investment Corp

Temporary Notes. In the event that Definitive Notes are to be issued under the terms of this Indenture, until such Definitive Notes are ready for delivery, the Company may prepare and the Trustee shall, upon written request from the Company, authenticate temporary Notes, which shall be maintained in registered form in accordance with Section ‎Section 2.03. Temporary Notes shall be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon written request from the Company, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.

Appears in 1 contract

Samples: Intercreditor Agreement (Cleveland-Cliffs Inc.)

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute and upon Company Order the Trustee shallshall authenticate and deliver temporary Notes (which may be printed, upon written request from the Companylithographed, authenticate temporary Notes, which shall be maintained typewritten or otherwise produced) in registered form in accordance with Section 2.03. Temporary Notes shall be any authorized denomination and substantially in the formform of the definitive Notes in lieu of which they are issued, but with such appropriate omissions, insertions and variations as the officers executing such Notes may determine, as evidenced by their execution of such Notes. Every such temporary Note shall be executed by the Company and authenticated by the Trustee upon the same conditions and in substantially the same manner, and shall carry all rightswith the same effect, of Definitive Notes but may have variations that as the Company considers appropriate for temporary definitive Notes. Without unreasonable delay, delay the Company shall prepare will execute and deliver to the Trustee shall, upon written request from the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, definitive Notes and thereupon the temporary Notes shall may be exchangeable surrendered in exchange for Definitive definitive Notes upon surrender at the Principal Office of the temporary Notes at any office or agency maintained by the Company for that purpose and such exchange shall be Trustee without charge to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, execute and the Trustee shall, upon written request from the Company, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive for the temporary Notes representing an equal aggregate principal amount of definitive Notes. Until so exchanged, the Holder of temporary Notes shall in all respects shall be entitled to the same benefits under this Indenture as a Holder of Definitive definitive Notes.

Appears in 1 contract

Samples: Prime Service Inc

Temporary Notes. In Pending the event that Definitive Notes are to be issued under the terms preparation of this Indenture, until such Definitive Notes are ready for deliverydefinitive Notes, the Company may prepare execute, and the Trustee shallshall authenticate and deliver, upon written request from the Companytemporary Notes (printed, authenticate lithographed or typewritten) of any authorized denomination. Such temporary Notes, which shall be maintained in registered form in accordance with Section 2.03. Temporary Notes shall be substantially in the formform of the definitive Notes in lieu of which they are issued, but with such omissions, insertions and shall carry all rights, of Definitive Notes but variations as may have variations that the Company considers be appropriate for temporary Notes. Without unreasonable delay, the Company shall prepare and the Trustee shall, upon written request from all as may be determined by the Company, authenticate Definitive Notes. After the preparation of Definitive Notes, the Every temporary Notes Note shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained executed by the Company for that purpose and such be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Notes. Without unnecessary delay the Company will execute and will furnish definitive Notes and thereupon any or all temporary Notes may be surrendered in exchange shall be therefor (without charge to the Holder. Upon surrender for cancellation Holders), at the office or agency of any one or more temporary Notes, the Company shall executedesignated for the purpose, and the Trustee shallshall authenticate and such office or agency shall deliver in exchange for such temporary Notes an equal aggregate principal amount of definitive Notes, upon written request unless the Company advises the Trustee to the effect that definitive Notes need not be executed and furnished until further notice from the Company, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Notes. Until so exchanged, the Holder of temporary Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notesdefinitive Notes authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Senseonics Holdings, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.