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 authenticate temporary Notes. 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 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 receipt 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 14 contracts
Sources: Indenture (Madison Air Solutions Corp), Indenture (Madison Air Solutions Corp), 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 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 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 receipt of a Company Orderwritten 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 14 contracts
Sources: Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs 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 authenticate temporary Notes. 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 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 receipt 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 12 contracts
Sources: Indenture (Beach Acquisition Co Parent, LLC), Indenture (loanDepot, Inc.), Indenture (Beach Acquisition Co Parent, LLC)
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 execute and the Trustee shall authenticate and deliver temporary NotesNotes (printed, lithographed or otherwise reproduced). 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 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 execute and shall deliver to the Trustee definitive Notes of such series and thereupon any or all temporary Notes of such series shall be surrendered in exchange therefor at the corporate trust office of the Trustee, and the Trustee shall authenticate Definitive Notes. After the preparation of Definitive Notesauthenticate, the deliver and register in exchange for such temporary Notes an equal aggregate principal amount of definitive Notes of such series. Such exchange shall be exchangeable for Definitive Notes upon surrender of the temporary Notes at any office or agency maintained made by the Company for that purpose at its own expense and such exchange shall be without any charge therefor to the Holder. Upon surrender for cancellation of any one or more temporary Notes, the Company shall execute, and the Trustee shall, upon receipt of a Company Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of NotesNoteholders. 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 10 contracts
Sources: Indenture for Senior Debt Securities (KCPL Financing Ii), Indenture for Subordinated Debt Securities (Kansas City Power & Light Co), Indenture (Great Plains 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 Issuers may prepare and the Trustee or Authenticating Agent shall authenticate temporary Notes. 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 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 receipt of a Company 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 10 contracts
Sources: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget 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. 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 authenticate Definitive Notesdate that the Exchange 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 receipt of a Company Order, 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
Sources: Indenture (RCN Corp /De/), Indenture (Spincycle Inc), Indenture (Spincycle 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 authenticate temporary Notes. 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 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 receipt 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
Sources: Indenture (Atento S.A.), Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, 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 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 and 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. Temporary 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 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 receipt of a Company Order, 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 8 contracts
Sources: Senior Secured Notes Indenture (Diversified Healthcare Trust), Senior Priority Guaranteed Unsecured Notes (Office Properties Income Trust), Senior Secured Notes Agreement (Office Properties Income Trust)
Temporary Notes. In (a) Pending the event that preparation of Definitive Notes, if any, the Issuing Entity may execute, and upon receipt of an Issuing Entity Order the Indenture Trustee shall authenticate and deliver, such Temporary Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, of the tenor of the Definitive Notes in lieu of which they are to be issued under and with such variations as are consistent with the terms of this IndentureIndenture as the officers executing such Notes may determine, until as evidenced by their execution of such Notes.
(b) If Temporary Notes are issued, the Issuing Entity shall cause Definitive Notes are ready for delivery, the Company may prepare and the Trustee shall authenticate temporary Notes. Temporary Notes shall to 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 authenticate Definitive 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 of the Issuing Entity to be maintained by the Company for that purpose and such exchange shall be as provided in Section 3.2, without charge to the Holderrelated Noteholder. Upon surrender for cancellation of any one or more temporary Temporary Notes, the Company Issuing Entity shall execute, execute and the Indenture Trustee shall, upon receipt of a Company Order, 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 exchangeddelivered in exchange, the Holder of temporary 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
Sources: Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2021-P4)
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 or Authenticating Agent shall authenticate temporary Notes. 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 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 receipt of a Company 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
Sources: Indenture (Avis Budget Group, Inc.), Indenture (Churchill Downs Inc), Indenture (Avis Budget 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 deliverydefinitive Notes, the Company may prepare execute and the Trustee shall or an authenticating agent appointed by the Trustee shall, upon written request of the Company, authenticate and deliver temporary NotesNotes (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 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 receipt of a Company Order, 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
Sources: Indenture (Dave & Busters Inc), Indenture (Ats Medical Inc), Indenture (Electroglas 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 Trustee, upon receipt of an Authentication Order, shall authenticate temporary Notes. 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 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 receipt of a Company Order, 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
Sources: Indenture (Comdisco Holding Co Inc), Indenture (Comdisco Holding Co Inc), Indenture (Comdisco Holding Co 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 authenticate temporary Notes. 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 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 receipt of a Company 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 5 contracts
Sources: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES 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 upon Company Order the Trustee shall authenticate and deliver, temporary Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, in registered form without coupons and 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. 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 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 receipt of a Company Order, 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
Sources: Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp), Indenture (Southwest Gas 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 deliver to the Trustee 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 of the Company executing such Notes may determine, as conclusively evidenced by their execution of such Notes. Temporary Such temporary Notes may be in global form. Except in the case of temporary Notes in global form, which shall be substantially exchanged in accordance with the formprovisions thereof, and shall carry all rights, of Definitive 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 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 receipt of a Company Order, 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
Sources: 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 Issuer may prepare and the Trustee shall shall, upon receipt of an Issuer Order, authenticate temporary Notes. 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 shall, upon receipt 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 receipt of a Company 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
Sources: Indenture (Insulet Corp), Indenture (Knife River Holding Co), Indenture (Embecta 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 or Authenticating Agent shall authenticate temporary Notes. 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 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 receipt of a Company 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
Sources: Indenture (Churchill Downs Inc), Indenture (IAA Spinco Inc.), Indenture (KAR Auction Services, 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 prepare, and the Trustee shall authenticate authenticate, temporary Notes. 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 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 receipt 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 5 contracts
Sources: Indenture (Wayfair Inc.), Indenture (Wayfair Inc.), Indenture (Wayfair 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 shall authenticate temporary Notes. 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 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 receipt of a Company Order, authenticate and make available deliver, temporary Notes (printed, lithographed or typewritten) of any authorized denomination. Such temporary Notes shall be 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 delivery 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 definitive Notes. Without unnecessary delay the Company will execute and will furnish definitive Notes of such series and thereupon any or all temporary Notes of such series may be surrendered in exchange therefortherefor (without charge to the holders), one at the office or more Definitive agency of the Company designated for the purpose, and the Trustee shall, upon receipt of a Company Order, authenticate and such office or agency shall deliver in exchange for such temporary Notes representing an equal aggregate principal amount of Notesdefinitive Notes of such 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. 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 4 contracts
Sources: Indenture (Karyopharm Therapeutics Inc.), Indenture (Karyopharm Therapeutics Inc.), Indenture (Karyopharm Therapeutics 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 U.S. Trustee or Authenticating Agent shall authenticate temporary Notes. 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 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 receipt of a Company 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
Sources: Indenture (Primo Water Corp /CN/), Indenture (Primo Water Corp /CN/), Indenture (Cott Corp /Cn/)
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 shall or an authenticating agent appointed by the Trustee will, upon written request of the Company, authenticate and deliver temporary Notes (printed or lithographed) (“Temporary Notes”). 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 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 receipt of a Company Order, 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 4 contracts
Sources: Indenture (Par Technology Corp), Indenture (Par Technology Corp), Indenture (Protalix BioTherapeutics, 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 shall authenticate and deliver temporary Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor and form of the definitive Notes in lieu of which they are issued 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. Temporary Notes may be in global form. Except in the case of temporary Notes in global form, each of which shall be substantially exchanged in accordance with the formprovisions thereof, and shall carry all rights, of Definitive 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 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 receipt of a Company Order, 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
Sources: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/), Indenture (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 and execute and, upon receipt of an order from the Company, the Trustee shall authenticate and make available for delivery temporary NotesNotes (printed, lithographed, typewritten or otherwise reproduced, in each case in form satisfactory 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 authenticate Definitive Notes. After the preparation of Definitive Notes, the 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 receipt of a Company Order, 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
Sources: Indenture (Williams Communications Group Inc), Indenture (Williams Communications Group Inc), Indenture (Williams Communications 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 deliverydefinitive Notes, the Company may prepare execute and upon Company Order the Trustee shall authenticate and deliver, temporary Notes which are printed, lithographed, typewritten 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 officers executing such Notes may determine, as conclusively evidenced by their execution of such Notes. Temporary 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 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 receipt of a Company Order, 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
Sources: Indenture (Fleming Companies Inc /Ok/), Indenture (Fleming Companies Inc /Ok/), Indenture (Fleming Companies Inc /Ok/)
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 execute and the Trustee shall authenticate and deliver temporary NotesNotes for such series (printed, lithographed, typewritten or otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Notes of any series shall be issuable in any authorized denomination, and substantially in the formform of the definitive Notes of such 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 concurrence of the Trustee as evidenced by the execution and authentication thereof. Temporary Notes may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Note shall be executed by or on behalf of 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 authenticate Definitive Notes. After the preparation furnish definitive Notes of Definitive Notes, the such series and thereupon temporary Notes shall of such series 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 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 receipt of a Company Order, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive for such temporary Notes representing of such series an equal aggregate principal amount of Notesdefinitive Notes of the same series having 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, unless the benefits of the temporary Notes are limited pursuant to this Indenture.
Appears in 3 contracts
Sources: Indenture (Regal Rexnord Corp), Indenture (Warner Bros. Discovery, Inc.), Indenture (Magallanes, 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 authenticate temporary Notes. 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 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 receipt of a Company 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
Sources: Indenture (Moneygram International Inc), Indenture (MICROSTRATEGY Inc), Indenture (CPI Card Group 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 Trustee, upon receipt of an Authentication Order, shall authenticate temporary Notes. 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 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 authenticate Definitive 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 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 (and the Guarantors) shall execute, and the Trustee shall, upon receipt of a Company Order, 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 3 contracts
Sources: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts 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 shall, upon written request of the Company, authenticate and deliver temporary NotesNotes (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 authenticate Definitive Notes. After Notes in definitive form (other than in 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 receipt of a Company Order, 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
Sources: Exchange and Redemption Agreement (Ciphergen Biosystems Inc), Indenture (Ciphergen Biosystems Inc), Indenture (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 Issuer may prepare and upon receipt of an Issuer Order the Trustee shall authenticate temporary Notes. 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 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 receipt of a Company 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
Sources: Indenture (Nexstar Media Group, Inc.), Indenture (Nexstar Media 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 deliverydefinitive Notes, the Company may prepare 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 and 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. Temporary 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 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 receipt of a Company Order, 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
Sources: Indenture (Maverick Tube Corporation), Indenture (Maverick Tube Corporation)
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 authenticate and deliver temporary Notes. Temporary Notes shall be (printed, 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 will execute and deliver to the Trustee definitive Notes and thereupon any or all temporary Notes shall prepare be surrendered in exchange therefor, at the office or agency to be maintained by the Company in accordance with the provisions of Section 5.2, and the Trustee shall authenticate Definitive Notes. After the preparation of Definitive Notes, the and deliver in exchange for such 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 receipt of a Company Order, authenticate and make available for delivery in exchange therefor, one or more Definitive 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
Sources: Indenture (Genesis Health Ventures Inc /Pa), Indenture (Genesis Health Ventures Inc /Pa)
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 date on which the temporary Notes are to be authenticated. 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 authenticate Definitive Notesdate that the Exchange 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 receipt of a Company Order, 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
Sources: Indenture (Rhythms Net Connections Inc), Indenture (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 Issuer may prepare and the Trustee shall authenticate temporary Notes. 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 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 receipt of a Company 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
Sources: Indenture (DPC Products, Inc.), Indenture (21st Century Oncology Holdings, 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 authenticate temporary Notes. 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 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 receipt of a Company 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
Sources: Indenture (Getty Images Holdings, Inc.), Indenture (Getty Images Holdings, Inc.)
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 shall authenticate and deliver, temporary Notes. 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 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 receipt of a Company Order, 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
Sources: 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 shall, upon written request of the Company, authenticate and deliver temporary NotesNotes (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 authenticate Definitive Notes. After Notes in definitive form (other than in 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 receipt of a Company Order, 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
Sources: Indenture (Mindspeed Technologies, Inc), Indenture (Infocrossing 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 Trustee, upon receipt of an Issuers’ Order, shall authenticate temporary Notes. 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 Trustee, upon receipt 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 receipt of a Company 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
Sources: Indenture (Northern Tier Energy LLC), Indenture (Northern Tier Energy, 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 Trustee, upon receipt of an Authentication Order in accordance with Section 2.02 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 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 execute, and the Trustee shallexecute and, upon receipt of a Company Orderan Authentication Order in accordance with Section 2.02 with respect to such Notes, the Trustee 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
Sources: Indenture (Dobson Communications Corp), Indenture (Dutchess County Cellular Telephone Co 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 and the Trustee shall authenticate temporary Notes. 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 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, execute and the Trustee shall, upon receipt of a Company Order, authenticate and make available deliver temporary Notes (printed or lithographed). Temporary Notes shall be issuable in any authorized denomination, and substantially in the form of the Certificated Notes but with such omissions, insertions and variations as may be appropriate for delivery 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 execute and deliver to the Trustee Certificated Notes (other than any Global Note) and thereupon any or all temporary Notes (other than any Global Note) may be surrendered in exchange therefor, one at each office or more Definitive agency maintained by the Company pursuant to Section 4.02 and the Trustee shall, upon receipt of a Company Order, authenticate and deliver in exchange 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
Sources: 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 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 and 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. Temporary 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 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 receipt of a Company Order, 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
Sources: Indenture (Mobile Mini Inc), Indenture (Mobile Mini 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 authenticate temporary Notes. 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 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 receipt of a Company 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
Sources: Indenture (TUTOR PERINI Corp), Indenture (Builders FirstSource, Inc.)
Temporary Notes. In Pending the event that Definitive preparation of definitive Notes the Company may execute and, upon Company Order, the Trustee shall authenticate and deliver temporary Notes which may be printed, lithographed, typewritten, mimeographed or otherwise reproduced. Temporary Notes shall be issuable in any authorized denomination, and substantially of the tenor 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 officers of the Company executing such Notes as evidenced by their execution of such Notes. 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 to be issued under the terms of this Indentureissued, until such Definitive Notes are ready for deliverywithout unreasonable delay, the Company will execute and deliver to the Trustee definitive Notes and thereupon any and all temporary Notes may prepare be surrendered in exchange therefor, at the offices referred to in Section 3.2, and the Trustee shall authenticate and deliver in exchange for such temporary NotesNotes an equal aggregate principal amount of definitive Notes of authorized denominations. Temporary Notes Such exchange 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 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 made by the Company for that purpose at its own expense and such exchange shall be 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 receipt 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 Notesdefinitive Notes authenticated and delivered hereunder.
Appears in 2 contracts
Sources: Indenture (Litchfield Financial Corp /Ma), Indenture (Litchfield Financial Corp /Ma)
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 shall authenticate and deliver, temporary NotesNotes in lieu thereof (printed, lithographed or typewritten) in any authorized denomination. Temporary Such 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 will furnish Definitive Notes of such series and thereupon any or all temporary Notes of such series may be surrendered in exchange therefor (without charge to the holders), at the Corporate Trust Office of the Trustee, and the Trustee 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 and such 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 receipt 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 NotesDefinitive Notes of such 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. 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
Sources: 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 authenticate temporary Notes. 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 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 receipt of a Company 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
Sources: Indenture (J C Penney Co Inc), Indenture (J C Penney Co Inc)
Temporary Notes. In (a) 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 shall authenticate and deliver, temporary Notes that 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 and with such appropriate insertions, omissions, substitutions and other variations as the officers of the Company executing such Notes may determine, as evidenced by their execution of such Notes. Temporary ; provided, that any such temporary Notes shall be substantially bear legends on the face of such Notes as set forth in the form, and shall carry all rights, of Definitive in Exhibit B hereto.
(b) 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 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 office or agency maintained by of the Company for that purpose and such exchange shall be designated 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, execute and the Trustee shall, upon receipt of a Company Order, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive therefor a like Principal Amount of Physical Notes representing an equal principal amount of Notesauthorized 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 2 contracts
Sources: Indenture (Gevo, Inc.), Indenture (Gevo, 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 (or the Authentication Agent in the case of Euro Notes) shall authenticate temporary Notes. 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 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 receipt of a Company 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
Sources: Indenture (Infor, Inc.), Indenture (Trisyn 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 deliverycertificates representing Notes, the Company may prepare execute, and upon receipt of a 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 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. Temporary 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 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 10.02, 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 receipt 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 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 2 contracts
Sources: Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, 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 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 and 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. Temporary 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 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 receipt of a Company Order, 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
Sources: Indenture (Wilshire Financial Services Group Inc), Indenture (Wilshire Financial Services 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 Issuers may prepare and upon receipt of an Issuer Order the Trustee shall authenticate temporary Notes. 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 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 receipt of a Company 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
Sources: Indenture (Pactiv Evergreen Inc.), Indenture (Pactiv Evergreen 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 Trustee, upon receipt of an Authentication Order, shall authenticate temporary Notes. 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 NotesNotes and as shall be reasonably acceptable to the Trustee. Without unreasonable delay, the Company Issuers shall prepare and the Trustee 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 receipt of a Company 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 1 contract
Sources: Indenture (Mobile Storage 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 the Trustee shall authenticate temporary Notes. 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 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 receipt of a Company 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 1 contract
Sources: Indenture (Townsquare Media, 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 authenticate temporary Notes. 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 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 receipt of a Company 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
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 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 and 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. Temporary 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 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 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 the Trustee shall, upon receipt of a Company Order, 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
Sources: Indenture (Oci Holdings 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 authenticate temporary Notes. 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 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 receipt of a 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
Sources: 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 and the Guarantors may prepare execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Notes that are printed, lithographed, typewritten, mimeographed or otherwise reproduced, 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 officers executing such Notes may determine, as conclusively evidenced by their execution of such Notes. Temporary If temporary Notes are issued, the Company and the Guarantors shall cause definitive Notes to be prepared without unreasonable delay. 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 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 receipt of a Company Order, 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
Sources: Indenture (Terex Corp)
Temporary Notes. In the event that Definitive Until Notes are to be issued under the terms of this Indenture, until such Definitive Notes in definitive form are ready for delivery, the Company Issuer may prepare execute, and upon the request of the Issuer, the Trustee shall authenticate and deliver, subject to the provisions, limitations and conditions set forth above, one or more Notes in temporary form, whether printed, typewritten, lithographed or otherwise produced, substantially in the form of the definitive Notes, with appropriate omissions, variations and insertions, and in authorized denominations. Until exchanged for Notes in definitive form, such Notes in temporary form shall be entitled to the lien and benefits of this Indenture. Upon the presentation and surrender of any Note or Notes in temporary form, the Issuer shall, at the request of the Trustee, execute and deliver to the Trustee, and the Trustee shall authenticate temporary Notes. Temporary Notes shall be substantially in the formand deliver, 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 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 receipt of a Company Order, authenticate and make available for delivery in exchange therefor, one a Note or more Definitive Notes representing an equal principal amount of Notesin definitive form. Until so exchanged, Such exchange shall be made by the Holder of temporary Notes shall in all respects be entitled Trustee without making any charge therefor to the same benefits under this Indenture as a Holder Owner of Definitive Notessuch Note in temporary form. Notwithstanding the foregoing, Notes in definitive form may be issued hereunder in typewritten form.
ARTICLE III REDEMPTION OF NOTES BEFORE MATURITY; CONVERSION OF INTEREST RATE; MANDATORY TENDER OF NOTES; PURCHASE OF NOTES
Appears in 1 contract
Sources: Indenture of Trust (Plainwell 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 shall authenticate and deliver, temporary NotesNotes (printed, lithographed or typewritten) of any authorized denomination. Temporary Such 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 delay, unnecessary delay the Company shall prepare will execute and will furnish definitive Notes and thereupon any or all temporary Notes may be surrendered in exchange therefor (without charge to the Holders), at the office or agency of the Company designated for the purpose, and the Trustee 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 and such 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 receipt 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 definitive Notes, unless the Company advises the Trustee to the effect that definitive Notes need not be executed and furnished until further notice from the Company. 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
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 the Trustee shall shall, upon written request of the Company, authenticate and deliver temporary NotesNotes (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 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 authenticate Definitive Notes. After the preparation of Definitive Notes, the 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 4.2 and the Trustee 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 receipt of a Company Order, 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 NotesPhysical Notes authenticated and delivered hereunder.
Appears in 1 contract
Sources: Indenture (Pinduoduo 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 shall authenticate and deliver, temporary Notes that are printed, lithographed, typewritten, mimeographed or otherwise reproduced, 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 officers executing such Notes may determine, as conclusively evidenced by their execution of such Notes. Temporary 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 cause Definitive Notes to be prepared without unreasonable delay. The definitive Notes shall be printed, lithographed or engraved, or provided by any combination thereof, or in any other manner permitted by the rules and regulations of any principal national securities exchange, if any, on which the Trustee shall authenticate Definitive Notes are listed, all as determined by the 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 shall execute, and the Trustee shall, upon receipt of a Company Order, 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
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 Trustee, the Paying Agent or the Authenticating Agent shall authenticate temporary Notes. 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 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 Trustee, the Paying Agent or the Authenticating Agent shall, upon receipt of a Company 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
Sources: Indenture (Avis Budget 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 delivery--------------- definitive Notes, the Company may prepare execute and the Trustee shall authenticate and deliver temporary Notes. Temporary Notes shall be (printed, 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 definitive Notes and thereupon any or all temporary Notes may be surrendered in exchange therefor, at the office or agency to be maintained by the Company in accordance with the provisions of Section 4.02, and the Trustee shall authenticate Definitive Notes. After the preparation of Definitive Notes, the and deliver in exchange for such 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 receipt of a Company Order, authenticate and make available for delivery in exchange therefor, one or more Definitive 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
Sources: 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 Trustee, upon receipt of an Authentication Order, shall authenticate temporary Notes. 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 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 receipt of a Company 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 1 contract
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 authenticate temporary Notes. 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 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 receipt of a Company 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
Sources: Supplemental Indenture (Community Health Systems 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 authenticate temporary Notes. 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 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 receipt of a Company 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
Sources: Indenture (CPI Card 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 Issuer may prepare and the Trustee shall authenticate temporary Notes. Temporary Second Lien 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 Second Lien Notes. Without unreasonable delay, the Company Issuer shall prepare and the Trustee shall authenticate Definitive Notes. After the preparation of Definitive Notes, the temporary Second Lien Notes shall be exchangeable for Definitive Notes upon surrender of the temporary Second Lien 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 Second Lien Notes, the Company Issuer shall execute, and the Trustee shall, upon receipt of a Company an Issuer Order, authenticate and make available for delivery in exchange therefor, one or more Definitive Notes representing an equal principal amount of Second Lien Notes. Until so exchanged, the Holder of temporary Second Lien Notes shall in all respects be entitled to the same benefits under this Indenture as a Holder of Definitive Notes.
Appears in 1 contract
Sources: Indenture (iHeartMedia, 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 shall or an authenticating agent appointed by the Trustee shall, upon written request of the Company, authenticate and deliver temporary NotesNotes (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 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 receipt of a Company Order, 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
Sources: Indenture (General Electric Co)
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 Trustee, upon receipt of an Authentication Order in accordance with Section 2.02 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 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 execute, and the Trustee shallexecute and, upon receipt of a Company Orderan Authentication Order in accordance with Section 2.02 with respect to such Notes, the Trustee 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
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 or Authen-tication Agent, as the case may be, shall authenticate temporary Notes. 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 or Authentication Agent, as the case 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 receipt of a Company 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.
Appears in 1 contract
Sources: 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 upon receipt of a Company Order the Trustee shall authenticate temporary Notes. 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 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 receipt 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
Sources: Indenture (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 deliveryany definitive Notes, the Company may prepare execute, and pursuant to a Company Order the Trustee shall authenticate and deliver, temporary Notes which are printed, lithographed, 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, or such other variations as the officers executing such Notes may determine, as conclusively evidenced by their execution of such Notes. Temporary 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 authenticate Definitive Notescause any 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 office or agency maintained by of the Company designated for that purpose and such exchange shall be purpose, 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 receipt of a Company Order, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive Notes representing an equal therefor a like Outstanding 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
Sources: Indenture (Gruma Sab De Cv)
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 authenticate and deliver temporary NotesNotes (which may be printed, lithographed, typewritten, mimeographed 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 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 receipt of a Company Order, 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
Sources: Indenture (Emc 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 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 Notes. Without unreasonable delay, the Company shall prepare (with executed Note Guarantees from each of the Guarantors endorsed thereon) and the Trustee 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 receipt of a Company 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 1 contract
Sources: Indenture (Saks 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 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 and 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. Temporary 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 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 the Trustee shall, upon receipt request of a Company Order, Order the Trustee 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
Sources: 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 may prepare prepare, and the Trustee shall authenticate authenticate, temporary Notes. 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 prepare, and the Trustee 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 receipt 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
Sources: Indenture (CoreWeave, 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 Trustee, upon receipt of an Authentication Order, shall authenticate temporary Notes. 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 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 receipt of a Company Order, 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
Sources: Indenture (Kraton 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 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 and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Notes may determine, as evidence execution of such Notes. Temporary 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 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 receipt of a Company Order, 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 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 of Definitive Notesdefinitive Notes and tenor.
Appears in 1 contract
Sources: Indenture (Bank United 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 shall, upon receipt of a Company Order, authenticate temporary Notes. 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 shall, upon receipt 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 receipt 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
Sources: Indenture (American Capital, LTD)
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 shall authenticate and deliver, temporary Notes (“Temporary Notes”). 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 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 execute, and the Trustee shallexecute and, upon receipt of a Company Order, the Trustee 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
Sources: Indenture (Iconix Brand 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 Companies may prepare execute and the Trustee shall or an authenticating agent appointed by the Trustee shall, upon written request of the Companies, authenticate and deliver temporary NotesNotes (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 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 Company for that purpose Companies pursuant to Section 4.02 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 receipt of a Company Order, the Trustee or such authenticating agent 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 Certificated Notes. Such exchange shall be made by the Companies at their 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
Sources: 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 deliveryCertificated Notes, the Company may prepare and the Trustee shall authenticate temporary Notes. 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 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, execute and the Trustee shall, upon receipt of a Company Order, authenticate and make available deliver temporary Notes (printed or lithographed). Temporary Notes shall be issuable in any authorized denomination, and substantially in the form of the Certificated Notes but with such omissions, insertions and variations as may be appropriate for delivery 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 execute and deliver to the Trustee Certificated Notes (other than any Global Note) and thereupon any or all temporary Notes (other than any Global Note) may be surrendered in exchange therefor, one at each office or more Definitive agency maintained by the Company pursuant to Section 4.02 and the Trustee shall, upon receipt of a Company Order, authenticate and deliver in exchange 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
Sources: Indenture (WEIBO 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 upon Company Order the Trustee shall authenticate and deliver temporary Notes. Temporary Notes shall (which may be printed, lithographed, typewritten or otherwise produced) in 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 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 receipt of a Company Order, 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
Sources: Indenture (Prime Service 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 authenticate temporary Notes, which shall be maintained in registered form in accordance with Section 2.3. 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 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 receipt of a Company 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 1 contract
Sources: Indenture (REV 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 Issuers may prepare and the Trustee shall authenticate temporary Notes. 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 shall, upon receipt 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 receipt of a Company 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
Sources: 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 the Trustee shall authenticate and deliver temporary Notes. Temporary Notes shall be (printed, 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 definitive Notes and thereupon any or all temporary Notes may be surrendered in exchange therefor, at the office or agency to be maintained by the Company in accordance with the provisions of Section 4.02, and the Trustee shall authenticate Definitive Notes. After the preparation of Definitive Notes, the and deliver in exchange for such 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 receipt of a Company Order, authenticate and make available for delivery in exchange therefor, one or more Definitive 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
Sources: Indenture (Goldendale Aluminum 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 authenticate temporary Notes. 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 shall, upon receipt 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 receipt of a Company 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
Sources: Indenture (Option Care Health, 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 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 and 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. Temporary 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 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 receipt of a Company Order, 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
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 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 and 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. Temporary 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 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 receipt of a Company Order, 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
Sources: Indenture (Allegheny Energy 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 shall authenticate and deliver, temporary Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, of the tenor of the definitive Notes in lieu of which they are issued and with such variations not inconsistent with this Indenture as the officers of the Company executing such Notes may determine, as evidenced by their execution of such Notes. Temporary 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 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 receipt of a Company Order, 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
Sources: Indenture (Southwestern Energy Co)
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 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 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 receipt of a Company Orderwritten 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
Sources: Indenture (Cleveland-Cliffs 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 authenticate temporary Notes. Temporary Notes shall to 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 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 receipt of a Company Order, 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
Sources: 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 authenticate temporary Notes. 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 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 receipt of a Company 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
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 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 shall, upon written request from the Company, authenticate Definitive NotesNotes of any series . After the preparation of Definitive NotesNotes of any 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 office or agency maintained by the Company for that purpose and such exchange shall be without charge to the HolderHolder of such series . Upon surrender for cancellation of any one or more temporary NotesNotes of any series, the Company shall execute, and the Trustee shall, upon receipt of a Company Orderwritten 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 such 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
Sources: Indenture (Cleveland-Cliffs 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 or authenticating agent shall authenticate temporary Notes. 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 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 receipt of a Company 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
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 shall authenticate and make available for delivery, 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 and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Notes may determine, as evidence execution of such Notes. Temporary 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 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 receipt of a Company Order, shall authenticate and make available for delivery 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 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 of Definitive definitive Notes.
Appears in 1 contract
Sources: Indenture (Bank United 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 authenticate and deliver, temporary NotesNotes in lieu thereof (printed, lithographed or typewritten) in any authorized denomination. Temporary Such 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 will furnish definitive Notes and thereupon any or all temporary Notes may be surrendered in exchange therefor (without charge to the Noteholders), at the Corporate Trust Office of the Trustee, and the Trustee 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 and such 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 receipt 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 definitive Notes, unless the Company advises the Trustee to the effect that definitive Notes need not be executed and furnished until further notice from the Company. 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
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 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 and 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. Temporary Such temporary Notes shall may be substantially in the form, and shall carry all rights, of Definitive Notes but may have variations that the Company considers appropriate for temporary Global Notes. Without unreasonable delayIf temporary Notes are issued, the Company shall prepare and the Trustee shall 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 receipt of a Company Order, 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
Sources: Indenture (Nova Chemicals Corp /New)
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 shall or an authenticating agent appointed by the Trustee shall, upon written request of the Company, authenticate and deliver temporary NotesNotes (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 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 receipt of a Company Order, 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
Sources: First Supplemental Indenture (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 Until definitive Notes are ready for delivery, the Company may prepare and execute and upon receipt of an Authentication Order the Trustee shall authenticate and deliver temporary Notes. 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 Officers executing such temporary Notes consider appropriate for temporary Notes, as evidenced by their execution of such temporary Notes and as may be reasonably acceptable to the Trustee. Without unreasonable delayIf temporary Notes are issued, the Company shall prepare and the Trustee shall 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, and the Trustee shallexecute and, upon receipt of a Company an Authentication Order, the Trustee 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 definitive Notes of Definitive Notesthe 49 same series and tenor.
Appears in 1 contract
Sources: Indenture (Iesi Tx Corp)
Temporary Notes. In (a) 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 shall authenticate and deliver, temporary Notes that 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 and with such appropriate insertions, omissions, substitutions and other variations as the officers of the Company executing such Notes may determine, as evidenced by their execution of such Notes. Temporary ; provided, that any such temporary Notes shall be substantially bear legends on the face of such Notes as set forth in the form, and shall carry all rights, of Definitive Exhibit B hereto.
(b) 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 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 office or agency maintained by of the Company for that purpose and such exchange shall be designated 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, execute and the Trustee shall, upon receipt of a Company Order, shall authenticate and make available for delivery deliver in exchange therefor, one or more Definitive therefor a like Principal Amount of Physical Notes representing an equal principal amount of Notesauthorized 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
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 Authenticating Agent, upon receipt of an Authentication Order, shall authenticate temporary Notes. 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 Authenticating Agent 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 receipt of a Company Order, Authenticating Agent 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
Sources: Indenture (Kraton Corp)